This website will be unavailable from Friday, April 26, 2024 at 6:00 p.m. through Monday, April 29, 2024 at 7:00 a.m. due to data center maintenance.
78S10154 JTS-F
By: Ogden S.B. No. 21
A BILL TO BE ENTITLED
AN ACT
relating to the financing, construction, improvement, maintenance,
and operation of toll facilities by the Texas Department of
Transportation and the disposition of money generated by the driver
responsibility program, additional court costs imposed on
conviction of certain traffic offenses, and certain fees collected
by the Department of Public Safety.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 361.136, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
turnpike project severs an owner's real property, the department
shall pay:
(1) the value of the property acquired; and
(2) the damages to the remainder of the owner's
property caused by the severance, including damages caused by the
inaccessibility of one tract from the other.
(b) The department may negotiate for and purchase the
severed real property or either part of the severed real property if
the department and the owner agree on terms for the purchase.
Instead of a single fixed payment for the real property, the
department may agree to a payment to the owner in the form of:
(1) an intangible legal right to receive a percentage
of identified revenue attributable to the applicable segment of the
turnpike project; or
(2) an exclusive or nonexclusive right to use or
operate a segment or part of the turnpike project.
(c) A right to a payment under Subsection (b)(1) is subject
to any pledge of the revenue under the term of a trust agreement
securing bonds issued for the project.
SECTION 2. Section 361.137, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.137. DECLARATION OF TAKING. (a) The department
may file a declaration of taking with the clerk of the court:
(1) in which the department files a condemnation
petition under Chapter 21, Property Code; or
(2) to which the case is assigned.
(b) The department may file the declaration of taking
concurrently with or subsequent to the petition but may not file the
declaration after the special commissioners have made an award in
the condemnation proceeding.
(c) The department may not file a declaration of taking
before the completion of:
(1) all environmental documentation, including a
final environmental impact statement or a record of decision, that
is required by federal or state law;
(2) all public hearings and meetings, including those
held in connection with the environmental process and under
Sections 201.604 and 203.021, that are required by federal or state
law; and
(3) all notifications required by Section 203.022.
(d) The declaration of taking must include:
(1) a specific reference to the legislative authority
for the condemnation;
(2) a description and plot plan of the real property to
be condemned, including the following information if applicable:
(A) the municipality in which the property is
located;
(B) the street address of the property; and
(C) the lot and block number of the property;
(3) a statement of the property interest to be
condemned;
(4) the name and address of each property owner that
the department can obtain after reasonable investigation and a
description of the owner's interest in the property; and
(5) a statement that immediate possession of all or
part of the property to be condemned is necessary for the timely
construction of a turnpike project.
(d-1) A deposit to the registry of the court of an amount
equal to the appraised value, as determined by the department, of
the property to be condemned must accompany the declaration of
taking.
(e) The date on which the declaration is filed is the date of
taking for the purpose of assessing damages to which a property
owner is entitled.
(f) After a declaration of taking is filed, the case shall
proceed as any other case in eminent domain under Chapter 21,
Property Code.
SECTION 3. Section 361.138(b), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(b) If the condemned property is a homestead or a portion of
a homestead as defined by Section 41.002, Property Code, the
department may not take possession sooner than the 91st day after
the date of service under Subsection (a).
SECTION 4. Section 361.171, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.171. TURNPIKE REVENUE BONDS. (a) The commission
by order may authorize the issuance of turnpike revenue bonds to pay
all or part of the cost of a turnpike project. Each project shall be
financed and built by a separate bond issue. The proceeds of a bond
issue may be used solely for the payment of the project for which
the bonds were issued and may not be divided between or among two or
more projects. Each project is a separate undertaking, the cost of
which shall be determined separately.
(b) As determined in the order authorizing the issuance, the
bonds of each issue shall:
(1) be dated;
(2) bear interest at the rate or rates provided by the
order and beginning on the dates provided by the order and as
authorized by law, or bear no interest;
(3) mature at the time or times provided by the order,
not exceeding 40 years from their date or dates; and
(4) be made redeemable before maturity, at the price
or prices and under the terms provided by the order.
(c) The commission may sell the bonds at public or private
sale in the manner and for the price it determines to be in the best
interest of the department.
(d) The proceeds of each bond issue shall be disbursed in
the manner and under the restrictions, if any, the commission
provides in the order authorizing the issuance of the bonds or in
the trust agreement securing the bonds.
(e) If the proceeds of a bond issue are less than the
turnpike project cost, additional bonds may be issued in the same
manner to pay the costs of a turnpike project. Unless otherwise
provided in the order authorizing the issuance of the bonds or in
the trust agreement securing the bonds, the additional bonds are on
a parity with and are payable, without preference of priority, from
the same fund as the bonds first issued. In addition, the
commission may issue bonds for a turnpike project secured by a lien
on the revenue of the turnpike project subordinate to the lien on
the revenue securing other bonds issued for the turnpike project.
(f) If the proceeds of a bond issue exceed the cost of the
turnpike project for which the bonds were issued, the surplus shall
be segregated from the other money of the commission and used only
for the purposes specified in the order authorizing the issuance.
(g) In addition to other permitted uses, the proceeds of a
bond issue may be used to pay costs incurred before the issuance of
the bonds, including costs of environmental review, design,
planning, acquisition of property, relocation assistance,
construction, and operation.
(h) Bonds issued and delivered under this chapter and
interest coupons on the bonds are a security under Chapter 8,
Business & Commerce Code.
(i) Bonds issued under this chapter and income from the
bonds, including any profit made on the sale or transfer of the
bonds, are exempt from taxation in this state.
SECTION 5. Section 361.172, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.172. APPLICABILITY OF OTHER LAW; CONFLICTS. All
laws affecting the issuance of bonds by governmental entities,
including Chapters 1201, 1202, 1204, 1207, and 1371, Government
Code, apply to bonds issued under this chapter. To the extent of a
conflict between those laws and this chapter, the provisions of
this chapter prevail.
SECTION 6. Section 361.173(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(a) The principal of, interest on, and any redemption
premium on bonds issued by the commission under this chapter are
payable solely from:
(1) the revenue of the turnpike project for which the
bonds were issued, including tolls pledged to pay the bonds; and
(2) amounts received under a credit agreement relating
to the turnpike project for which the bonds are issued.
SECTION 7. Section 361.174, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.174. SOURCES OF PAYMENT OF AND SECURITY FOR
TURNPIKE PROJECT BONDS. Notwithstanding any other provisions of
this chapter, turnpike project bonds issued by the commission may
be payable from and secured by payments made under an agreement with
a local governmental entity as provided by Subchapter A, Chapter
362, and may state on their faces any pledge of revenue or taxes and
any security for the bonds under the agreement.
SECTION 8. Section 361.177, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.177. PROVISIONS PROTECTING AND ENFORCING RIGHTS
AND REMEDIES OF BONDHOLDERS. A trust agreement or order providing
for the issuance of bonds may contain provisions to protect and
enforce the rights and remedies of the bondholders, including:
(1) covenants establishing the commission's duties
relating to:
(A) the acquisition of property;
(B) the construction, improvement, expansion,
maintenance, repair, operation, and insurance of the turnpike
project in connection with which the bonds were authorized; and
(C) the custody, safeguarding, and application
of money;
(2) covenants prescribing events that constitute
default;
(3) covenants prescribing terms on which any or all of
the bonds become or may be declared due before maturity;
(4) covenants relating to the rights, powers,
liabilities, or duties that arise on the breach of a duty of the
commission; and
(5) provisions for the employment of consulting
engineers in connection with the construction or operation of the
turnpike project.
SECTION 9. Section 361.178, Transportation Code, as amended
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.178. FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF
SECURITIES. A bank or trust company incorporated under the laws of
this state and that acts as depository of the proceeds of bonds or
of revenue may furnish indemnifying bonds or pledge securities that
the department requires.
SECTION 10. Section 361.179(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
(a) The department may:
(1) impose tolls for the use of each turnpike project
and the different segments or parts [or sections] of each turnpike
project; and
(2) notwithstanding anything in Chapter 202 to the
contrary, contract with a person for the use of part of a turnpike
project or lease part of a turnpike project for a gas station,
garage, store, hotel, restaurant, railroad tracks, utilities, and
telecommunications facilities and equipment and set the terms for
the use or lease.
SECTION 11. Sections 361.181(a) and (b), Transportation
Code, are amended to read as follows:
(a) Notwithstanding Section 361.179 or any other provision
of this chapter to the contrary, the authority [department] may pay
the expenses of studying the cost and feasibility and any other
expenses relating to the preparation and issuance of turnpike
revenue bonds for the construction of a proposed turnpike project
by:
(1) using available revenue derived from an existing
turnpike project;
(2) borrowing money and issuing interest-bearing
evidences of indebtedness or entering into a loan agreement payable
out of available revenue anticipated to be derived from the
operation of an existing turnpike project; [and]
(3) pledging available revenue anticipated to be
derived from the operation of an existing turnpike project; and
(4) using money received from the department for
feasibility studies undertaken at the request of the commission.
(b) The authority's [department's] use of a financing method
under Subsection (a) is subject to the prior approval of the
commission.
SECTION 12. Section 361.182, Transportation Code, is
amended by amending Subsections (a), (b), (d), (f), and (h) and
adding Subsection (i) to read as follows:
(a) The authority shall [department may] maintain the Texas
Turnpike Authority feasibility study fund. The fund is a revolving
fund held in trust by a banking institution chosen by the authority
[department] or, at the discretion of the authority [department],
in trust in the state treasury outside the general revenue fund.
The fund shall be kept separate from the money for any project.
(b) The authority [department] may transfer an amount from a
surplus fund established for a turnpike project to the feasibility
study fund if the remainder of the surplus fund is not less than any
minimum amount required by the trust agreement to be retained for
that project.
(d) The authority [commission] must authorize a feasibility
study, subject to the prior approval of the[. The] commission [may
delegate this authority to the director].
(f) For a purpose described by Subsection (c), the authority
[department] may borrow money and issue promissory notes or other
interest-bearing evidences of indebtedness payable out of the
feasibility study fund, pledging money in the fund or to be placed
in the fund.
(h) Money transferred to the department for the benefit of
the authority under Section 8.02, Chapter 1171, Acts of the 75th
Legislature, Regular Session, 1997, shall remain in the state
treasury and may not be transferred to a private banking
institution. This money is exempt from the application of Section
403.095, Government Code, and is not subject to reduction or
elimination under any other provision of the Government Code.
(i) The commission may request that the authority conduct
[authorize] a feasibility study for any proposed turnpike project.
The expenses of a study requested by the commission shall be paid by
the department. If the turnpike project is constructed, the
department shall be reimbursed for money paid to the authority from
the proceeds of turnpike revenue bonds issued for, or other
proceeds that may be used for, the construction, improvement,
extension, expansion, or operation of the project [to be funded in
accordance with Subchapter E, Chapter 222].
SECTION 13. Sections 361.184(a), (b), and (c),
Transportation Code, are amended to read as follows:
(a) The authority [department] may maintain the Texas
Turnpike Authority project revolving fund. The fund is a revolving
fund held in trust by a banking institution chosen by the authority
[department] or, at the discretion of the authority [department],
in trust in the state treasury outside the general revenue fund.
The fund shall be kept separate from other funds of the authority
[department].
(b) The board [commission] may transfer, or direct the
authority [department] to transfer, into the project revolving fund
money from any permissible source, including:
(1) money from a surplus fund established for a
turnpike project if the remainder of the surplus fund is not less
than any minimum amount required by the trust agreement to be
retained for that project;
(2) money received under Subchapter I or from a
transfer of a turnpike project under Subchapter H;
(3) money received from the state highway fund; and
(4) contributions or assistance from the United
States, another state, a political subdivision of this state, the
United Mexican States, or a political subdivision of the United
Mexican States.
(c) The authority [department] may use money in the project
revolving fund to:
(1) finance the construction, maintenance, or
operation of a turnpike project;
(2) provide matching money necessary for a federal
grant or other type of participatory funding;
(3) provide credit enhancement for bonds issued to
construct, expand, or improve a turnpike project;
(4) provide security for or payment of future or
existing debt for construction, operation, or maintenance of a
turnpike project;
(5) borrow money and issue promissory notes or other
indebtedness payable out of the fund for any purpose authorized by
this chapter; and
(6) provide for any other reasonable purpose that
assists in the financings of the authority [department] as
authorized by this chapter.
SECTION 14. Section 361.185(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(a) All money received under this chapter, whether as
proceeds from the sale of bonds or as revenue, is a trust fund to be
held and applied as provided by this chapter. Notwithstanding any
other law, including Section 9, Chapter 1123, Acts of the 75th
Legislature, Regular Session, 1997, and without the prior approval
of the comptroller, funds held under this chapter shall be held in
trust by a banking institution chosen by the department or, at the
discretion of the department, in trust in the state treasury
outside the general revenue fund.
SECTION 15. Section 361.189, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.189. USE OF SURPLUS REVENUE. The commission by
order may authorize the use of surplus revenue of a turnpike project
to pay the costs of another turnpike project within the region. The
commission may in the order prescribe terms for the use of the
revenue, including the pledge of the revenue, but may not take an
action under this section that violates, impairs, or is
inconsistent with a bond order, trust agreement, or indenture
governing the use of the surplus revenue.
SECTION 16. Section 361.302, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
Sec. 361.302. COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a)
Subject to Section 361.3021, the department may enter into a
comprehensive development agreement with a private entity to
construct, maintain, repair, operate, extend, or expand a turnpike
project.
(b) In this subchapter, "comprehensive development
agreement" means an agreement [with a private entity] that, at a
minimum, provides for the design and construction of a turnpike
project and may also provide for the financing, acquisition,
maintenance, or operation of a turnpike project.
(c) The department may negotiate provisions relating to
professional and consulting services provided in connection with a
comprehensive development agreement.
(d) Money disbursed by the department under a comprehensive
development agreement is not included in the amount:
(1) required to be spent in a state fiscal biennium for
engineering and design contracts under Section 223.041; or
(2) appropriated in Strategy A.1.1.
Plan/Design/Manage of the General Appropriations Act for that
biennium for the purpose of making the computation under Section
223.041.
(e) The authority to enter into comprehensive development
agreements provided by this section expires on August 31, 2011.
SECTION 17. Section 361.3021, Transportation Code, as added
by House Bills 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted to read as follows:
Sec. 361.3021. LIMITATION ON DEPARTMENT FINANCIAL
PARTICIPATION. The amount of money disbursed by the department
from the state highway fund and the Texas mobility fund during a
federal fiscal year to pay the costs under comprehensive
development agreements may not exceed 40 percent of the obligation
authority under the federal-aid highway program that is distributed
to this state for the fiscal year.
SECTION 18. Section 361.303(a), Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
(a) A turnpike project that is the subject of a
comprehensive development agreement with a private entity,
including the facilities acquired or constructed on the project, is
public property and belongs to the department.
SECTION 19. Section 361.305, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted and amended to read as follows:
Sec. 361.305. TERMS OF PRIVATE PARTICIPATION. (a) The
department shall negotiate the terms of private participation in a
turnpike project, including:
(1) methods to determine the applicable cost, profit,
and project distribution between the private equity investors and
the department;
(2) reasonable methods to determine and classify toll
rates;
(3) acceptable safety and policing standards; and
(4) other applicable professional, consulting,
construction, operation, and maintenance standards, expenses, and
costs.
(b) A comprehensive development agreement entered into
under Section 361.302 must include a provision authorizing the
department to purchase, under terms and conditions agreed to by the
parties, the interest of a private equity investor in a turnpike
agreement.
(c) The department may [only] enter into a comprehensive
development agreement under Section 361.302 with a private equity
investor only if the project is identified in the department's
unified transportation program or is located on a transportation
corridor identified in the statewide transportation plan.
SECTION 20. Section 361.306, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.306. RULES, PROCEDURES, AND GUIDELINES GOVERNING
SELECTION AND NEGOTIATING PROCESS. (a) The commission shall adopt
rules, procedures, and guidelines governing selection and
negotiations to promote fairness, obtain private participants in
turnpike projects, and promote confidence among those
participants. The rules must contain criteria relating to the
qualifications of the participants and the award of the contracts.
(b) The department shall have up-to-date procedures for
participation in negotiations on turnpike projects.
(c) The department has exclusive judgment to determine the
terms of an agreement.
(d) The department shall include the attorney general or the
attorney general's designated representative in a negotiation with
a private participant.
SECTION 21. Section 361.307, Transportation Code, as
amended by House Bills 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, is reenacted to read as follows:
Sec. 361.307. AGREEMENTS WITH PRIVATE ENTITIES AND OTHER
GOVERNMENTAL AGENCIES. (a) The department and a private entity
jointly may enter into an agreement with another governmental
agency or entity, including a federal agency, an agency of this or
another state, including the United Mexican States or a state of the
United Mexican States, or a political subdivision, to independently
or jointly provide services, to study the feasibility of a turnpike
project, or to finance, construct, operate, and maintain a turnpike
project.
(b) The department may not enter into an agreement with the
United Mexican States or a state of the United Mexican States
without the approval of the governor.
SECTION 22. Section 361.3025, Transportation Code, is
repealed.
SECTION 23. Section 20.02, H.B. 3588, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
SECTION 20.02. (a) [The comptroller shall establish the
Texas mobility fund debt service account as a dedicated account
within the general revenue fund.
[(b)] Notwithstanding Sections 780.002(b) and (c)
[780.002(a) and (b)], Health and Safety Code, as added by this Act,
of the money allocated to the undedicated portion of the general
revenue fund by Section 780.002(b) [780.002(a)], Health and Safety
Code, as added by this Act, other than money that may only be
appropriated to the Department of Public Safety, in fiscal years
[year] 2004 and 2005 the comptroller shall deposit that money to the
credit of the Texas mobility fund instead of to the credit of the
general revenue fund [debt service account, which is subject to the
provisions of Subsection (d)].
(b) [(c)] Notwithstanding Section 542.4031(g)(1),
Transportation Code, as added by this Act, of the money allocated to
the undedicated portion of the general revenue fund in Section
542.4031(g)(1), Transportation Code, in fiscal years [year] 2004
and 2005 the comptroller shall deposit that money to the credit of
the Texas mobility fund instead of to the credit of the general
revenue fund [debt service account, which is subject to the
provisions of Subsection (d)].
(c) [(d) Funds deposited to the Texas mobility fund debt
service account pursuant to Subsections (b) and (c) may be
transferred to the Texas mobility fund upon certification by the
Texas Transportation Commission to the comptroller that a payment
is due under an obligation pursuant to Section 49-k, Article 3,
Texas Constitution. Funds in the Texas mobility fund debt service
account are not appropriated in the state fiscal year ending August
31, 2004.
[(e)] Notwithstanding Sections 521.058, 521.313(c),
521.3466(e), 521.427, 522.029(i), 524.051(c), 548.508, 644.153(i),
and 724.046(c), Transportation Code, as added by this Act, to the
extent that those sections allocate funds to the Texas mobility
fund, in fiscal years [year] 2004 and 2005 the comptroller shall
deposit those funds to the credit of the general revenue fund
instead of to the credit of the Texas mobility fund.
SECTION 24. Section 521.427(c), Transportation Code, as
added by Section 11.04, H.B. 3588, Acts of the 78th Legislature,
Regular Session, 2003, is repealed.
SECTION 25. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for effect on that
date, this Act takes effect on the 91st day after the last day of the
legislative session.