H.B. 2 78(3) BILL ANALYSIS
H.B. 2
By: Krusee
Transportation
Committee Report (Unamended)
BACKGROUND AND PURPOSE
S.B. 21 78(1) S.B. 21 78(1) S.B. 21 78(1) HB 2
clarifies legislation contained in HB 3184 and HB 3588, 78th Regular
Session, in the following areas:
HB 2 amends the funding provisions contained in HB 3588 to reflect
legislative intent that certain Department of Public Safety fees go to
general revenue (GR) for the 2004-2005 biennium to stabilize the budget
and go to the Texas Mobility Fund thereafter.
HB 2 re-characterizes the $30 "Additional Court Cost" created by House
Bill 3588 as a "State Traffic Fine." A person convicted of an offense
under Subtitle C, Title 7 of the Transportation Code shall pay this $30
traffic fine and the fine shall not be waived by the judge. A county or
municipality will retain 5% of all fines collected and sent to the
comptroller, the same percentage that they received for collecting the
additional court cost implemented by HB 3588. The comptroller shall
direct the fines to a dedicated trauma care account and the Texas
Mobility Fund.
HB 2 clarifies that the Driver Responsibility Act does not apply to an
offense committed before September 1, 2003.
HB 2 also clarifies that specified portions of Driver Responsibility
surcharges and the State Traffic Fine go to the Texas Mobility Fund for
the 2004-2005 biennium and then are directed to general revenue
thereafter.
HB 2 gives TxDOT the ability to utilize bond proceeds or any amounts
deposited in a corresponding debt service reserve fund to pay the
principal of, interest on, or redemption premium on the bonds for the
particular project.
HB 2 appropriates $231,700,000 to be deposited to the credit of the
general revenue fund in state fiscal year 2005 under Section 20.02(c) of
HB 3588, 78th Regular Session, 2003 out of the general revenue fund for
the state fiscal biennium beginning September 1, 2003, to replace an equal
amount of federal fiscal relief funds utilized to certify general revenue
appropriations made by House Bill 1, 78th Regular Session. (These funds
were not utilized for certification.)
HB 2 gives the Harris County Toll Road Authority the same powers regarding
"declarations of taking" (i.e. quick take) as the Texas Turnpike
Authority.
HB 2 makes technical corrections to Chapter 361 of the Transportation Code
referencing the Texas Turnpike Authority. Both House Bill 3588 and House
Bill 3184, 78th Regular Session, 2003, amended this law governing TxDOT
turnpike projects. The conference committee report for House Bill 3184
inadvertently used the wrong version of the bill, resulting in two
different versions of the bill being passed into law. House Bill 2
repeals the portions of House Bill 3184 that conflict with House Bill
3588.
Finally, HB 2 clarifies additional technical provisions of HB 3184, HB
3588, SB 631, and SB 1904.
RULEMAKING AUTHORITY
It is the committee's opinion that rulemaking authority is expressly
granted to the Texas Transportation Commission in ARTICLE 1 (Section
361.306, Transportation Code) and in ARTICLE 5 (Section 91.071,
Transportation Code) of this bill.
ANALYSIS
ARTICLE 1. Reenacts Section 361.136, Transportation Code, as amended by
House Bills 3184 and 3588, Acts of the 78th Legislature, Regular Session,
2003, as follows:
Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) Requires the Texas
Department of Transportation (TxDOT), if a turnpike project severs an
owner's real property, to make certain payments.
(b) Authorizes TxDOT to negotiate for and purchase the severed real
property or either part of the severed real property if TxDOT and the
owner agree on terms for the purchase. Authorizes TxDOT, instead of a
single fixed payment for the real property, to agree to a payment to the
owner in the form of an intangible legal right to receive a percentage of
identified revenue attributable to the applicable segment of the turnpike
project or an exclusive or nonexclusive right to use or operate a segment
or part of the turnpike project.
(c) Provides that a right to 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.
Reenacts Section 361.137, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.137. DECLARATION OF TAKING. (a) Authorizes TxDOT to file a
declaration of taking with the clerk of the court in which TxDOT files a
condemnation petition under Chapter 21 (Eminent Domain), Property Code, or
the clerk of the court to which the case is assigned.
(b) Authorizes TxDOT to file the declaration of taking concurrently with
or subsequent to the petition but prohibits TxDOT from filing the
declaration after the special commissioners have made an award in the
condemnation proceeding.
(c) Prohibits TxDOT from filing a declaration of taking before the
completion of:
all environmental documentation, including a final environmental impact
statement or a record of decision, that is required by federal or state
law; 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 all notifications required
by Section 203.022.
(d) Requires the declaration to include certain information.
(d-1) Provides that deposit to the registry of the court of an amount
equal to the appraised value, as determined by TxDOT, of the property to
be condemned must accompany the declaration of taking.
(e) Establishes that 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) Requires the case, after a declaration of taking is filed, to proceed
as any other cases in eminent domain under Chapter 21, Property Code.
Reenacts Section 361.138(b), Transportation Code, as amended by House
Bills 3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003,
as follows:
(b) TxDOT may not take possession of the condemned property sooner than
the 91st day after the date of service under Subsection (a) if the
condemned property is a homestead or a portion of a homestead as defined
by Section 41.002, Property Code.
Reenacts Section 361.171, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.171. TURNPIKE REVENUE BONDS. (a) Authorizes the Texas
Transportation Commission (TTC) by order to authorize the issuance of
turnpike revenue bonds to pay all or part of the cost of a turnpike
project. Requires each project to be financed and built by a separate
bond issue. Authorizes the proceeds of a bond issue may to used solely
for the payment of the project for which the bonds were issued and
prohibits it from being divided between or among two or more projects.
Provides that each project is a separate undertaking, the cost of which is
to be determined separately.
(b) Requires the bonds of each issue, as determined in the order
authorizing the issuance, to be dated; bear interest at the rate or rates
provided by the order and beginning on the dates provided by the order and
as authorized by the law, or bear no interest; mature at the time or times
provided by the order, not exceeding 40 years from their date or dates;
and be made redeemable before maturity, at the price or prices and under
the terms provided by the order.
(c) Authorizes TTC to sell the bonds at public or private sale in the
manner and for the price it determines to be in the best interest of
TxDOT.
(d) Requires the proceeds of each bond issue to disbursed in the manner
and under the restrictions, if any,TTC provides in the order authorizing
the issuance of the bonds or in the trust agreement securing the bonds.
(e) Authorizes additional bonds to be issued in the same manner to pay
the costs of a turnpike project, if the proceeds of a bond issue are less
than the turnpike project cost. Establishes that 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 or priority, from the same fund
as the bonds first issued. Authorizes TTC, in addition, to 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. Makes a nonsubstantive change.
(f) Requires the surplus to be segregated from other TTC money and used
only for the purposes specified in the order authorizing the issuance, if
the proceeds of a bond issued exceed the cost of the turnpike project for
which the bonds were issued.
(g) Authorizes the proceeds of a bond issue, in addition to other
permitted uses, to be used to pay cost incurred before the issuance of the
bonds, including costs of environmental review, design, planning,
acquisition of property, relocation assistance, construction, and
operation.
(h) Provides that bonds issued and delivered under this chapter and
interest coupons on the bonds are a security under Chapter 8 (Investment
Security), Business & Commerce Code.
(i) Provides that the bond issued under this chapter and income from the
bonds, including any profits made on the sale or transfer of the bonds,
are exempt from taxation in this state.
Reenacts Section 361.172, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, as follows:
Sec. 361.172. APPLICABILITY OF OTHER LAW; CONFLICTS. Establishes that
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. Provides that to the extent of a
conflict between those laws and this chapter, the provisions of this
chapter prevail.
Reenacts Section 361.173(a), Transportation Code, as amended by House
Bills 3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003,
to provide that the principal of, interest on, and any redemption premium
on bonds issued by TTC under this chapter are payable solely from the
revenue of the turnpike project for which the bonds are issued, including
tolls pledged to pay the bonds; the proceeds of bonds issued for the
turnpike project; the amounts deposited in a debt service reserve as
required by the trust agreement securing bonds issued for the turnpike
project; and amounts received under a credit agreement relating to the
turnpike project for which the bonds are issued.
Reenacts Section 361.174, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.174. SOURCES OF PAYMENT OF AND SECURITY FOR TURNPIKE PROJECT
BONDS. Establishes that notwithstanding any other provisions of this
chapter, turnpike project bonds may be payable from and secured by
payments made under an agreement with a local governmental entity as
provided by Subchapter A, Chapter 362; the proceeds of bonds issued for
the turnpike project; or the amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for the
turnpike project; and may state on their faces any pledge of revenue or
taxes and any security for the bonds under the agreement.
Reenacts Section 361.177, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.177. PROVISIONS PROTECTING AND ENFORCING RIGHTS AND REMEDIES OF
BONDHOLDERS. Authorizes a trust agreement or order providing for the
issuance of bonds to contain certain provisions to protect and enforce
the rights and remedies of the bondholders.
Reenacts Section 361.178, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.178. FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF SECURITIES.
Provides that 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 TxDOT requires.
Reenacts Section 361.179(a), Transportation Code, as amended by House
Bills 3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003,
to authorize TxDOT to take certain actions, including imposing tolls for
the use of each turnpike project and the different segments or parts of
each project. Notwithstanding Chapter 202, the department may contract
with a person for the use or lease of part of a turnpike project for
various facilities, and set the terms for the use or lease.
Reenacts Section 361.185(a), Transportation Code, as amended by House
Bills 3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003,
to provide that 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. Establishes that, 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 TxDOT or, at the discretion of TxDOT, in
trust in the state treasury outside the general revenue fund.
Reenacts Section 361.189, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.189. USE OF SURPLUS REVENUE. Authorizes TTC by order to
authorize the use of surplus revenue of a turnpike project to pay the
costs of another turnpike project within the region. Provides that TTC
may in the order prescribe terms for the use of the revenue, including the
pledge of the revenue, but prohibits it from taking 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.
Reenacts Section 361.302,Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.302. COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) Authorizes
TxDOT, subject to Section 361.3021, to enter into a comprehensive
development agreement with a private entity to construct, maintain,
repair, operate, extend, or expand a turnpike project.
(b) Redefines "comprehensive development agreement."
(c) Authorizes TxDOT to negotiate provisions relating to professional and
consulting services provided in connection with a comprehensive
development agreement.
(d) Provides that the money distributed by TxDOT under comprehensive
development agreement is not included in the amount required to be spent
in a state fiscal biennium for engineering and design contracts under
Section 223.041; or appropriated in Strategy A.1.1. Plan/Design/ Manage of
the General Appropriations Act for that biennium for purpose of making
computation under Section 223.041.
(e) Provides that the Texas Turnpike Authority (authority) to enter into
comprehensive development agreements provided by section expires on August
31, 2011.
Reenacts Section 361.3021, Transportation Code, as added by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.3021. LIMITATION ON DEPARTMENT FINANCIAL PARTICIPATION.
Prohibits the amount of money disbursed by TxDOT from the state highway
fund and the Texas mobility fund during a federal fiscal year to pay the
costs under comprehensive development agreements from exceeding 40 percent
of the obligation authority under the federal-aid highway program that is
distributed to this state for the fiscal year.
Reenacts Section 361.303(a), Transportation Code, as amended by House
Bills 3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003,
to provide that 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
TxDOT.
Reenacts Section 361.305, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, and
amends it, as follows:
Sec. 361.305. TERMS OF PRIVATE PARTICIPATION. (a) Requires TxDOT to
negotiate the terms of private participation in a turnpike project,
including methods to determine the applicable cost, profit, and project
distribution between the private equity investors and TxDOT; reasonable
methods to determine and classify toll rates; acceptable safety and
policing standards; and other applicable professional, consulting,
construction, operation, and maintenance standards, expenses, and costs.
(b) Requires a comprehensive development agreement entered into under
Section 361.302 to include a provision authorizing TxDOT to purchase,
under terms and conditions agreed to by the parties, the interest of a
private equity investor in a turnpike agreement.
(c) Authorizes TxDOT to enter into a comprehensive development agreement
under Section 361.302 with a private equity investor only if the project
is identified in TxDOT's unified transportation program or is located on a
transportation corridor identified in the statewide transportation plan.
Reenacts Section 361.306, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.306. RULES, PROCEDURES, AND GUIDELINES GOVERNING SELECTION AND
NEGOTIATING PROCESS. (a) Requires TTC to adopt rules, procedures, and
guidelines governing selection and negotiations to promote fairness,
obtain private participants in turnpike projects, and promote confidence
among those participants. Requires the rules to contain criteria relating
to the qualifications of the participants and the award of the contracts.
(b) Requires TxDOT to have up-to-date procedures for participation in
negotiations on turnpike projects.
(c) Provides that TxDOT has exclusive judgment to determine the terms of
an agreement.
(d) Requires TxDOT to include the attorney general or the attorney
general's designated representative in a negotiation with a private
participant.
Reenacts Section 361.307, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.307. AGREEMENTS WITH PRIVATE ENTITIES AND OTHER GOVERNMENTAL
AGENCIES. (a) Authorizes TxDOT and a private entity jointly to 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) Prohibits TxDOT from entering into an agreement with the United
Mexican States or a state of the United Mexican States without the
approval of the governor.
Amends Section 361.281, Transportation Code, as amended by House Bills
3184 and 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
Sec. 361.281. APPLICABILITY OF SUBCHAPTER. (a) provides that this
subchapter applies only to a county with a population of more than 1.5
million; a local government corporation serving a county with a population
of more than 1.5 million; an adjacent county in a joint turnpike authority
with a population of more than 1.5 million; a municipality with a
population of more than 170,000 that is adjacent to the United Mexican
States; a regional tollway authority created under Chapter 366; or a
regional mobility authority organized, rather than created, under Chapter
370 or Section 361.003, as that section existed before June 22, 2003.
ARTICLE 2. Amends the heading of Section 542.4031, Transportation Code,
as added by House Bill 3588, Acts of the 78th Legislature, Regular
Session, 2003, to STATE TRAFFIC FINE
Amends Section 542.4031, Transportation Code, as added by House Bill 3588,
Acts of the 78th Legislature, Regular Session, 2003, as follows:
In subsections (a) - (d), all references to court costs are changed to
"state traffic fines".
(a) In addition to the fine prescribed by Section 542.401 or another
applicable section of this subtitle, a person who enters a plea of guilty
or nolo contendre or is convicted under this subtitle shall pay $30 as a
state traffic fine. The fine is to be paid when the person enters the
plea of guilty or nolo contendre, or on the date of conviction, whichever
is earlier. The fine is to be paid regardless of whether the sentence is
imposed on the person; the court defers final disposition of the person's
case; or the person is placed on community supervision, including deferred
adjudication community supervision.
(d) Removes language requiring a report to be filed when money has not
been collected for the quarter.
(h) Provides that the comptroller shall deposit 67 percent of the state
traffic fines and Driver Responsibility surcharges to the credit of the
general revenue fund only until the total amount of those fines and
surcharges equals $250 million for that year. To the extent those fines
and surcharges exceed $250 million, the excess shall be deposited to the
credit of the Texas mobility fund.
Amends Sections 708.051 and 708.101, Transportation Code, as added by HB
3588, Acts of the 78th Legislature, Regular Session, 2003, as follows:
Sec. 708.051 and 708.101. NONAPPLICABILITY. Amends Articles 708.051 and
708.101 of the Transportation Code to state that Subchapter does not apply
to offenses committed before September 1, 2003, instead of a conviction
that became final after September 1, 2003.
(b) The Department of Public Safety shall refund surcharges for conviction
of offenses committed before September 1, 2003, and may not assign
drivers' license points under that chapter.
Amends Section 708.155, Transportation Code, as added by H.B. No. 3588,
Acts of the 78th Legislature, Regular Session, 2003, as follows:
CONTRACTS FOR COLLECTION OF SURCHARGES. Allows the department to enter
into a contract with a private attorney or a public or private vendor to
provide services for the collection of surcharges receivable and related
costs. Total amount may not exceed 30 percent of the amount of surcharges
and related costs collected.
Amends Section 780.002(c), Health and Safety Code, as added by HB 3588,
Acts of the 78th Legislature, Regular Session, 2003, to clarify that in
any state fiscal year the comptroller shall deposit 49.5 percent of the
surcharges collected under Chapter 708, Transportation Code, to the
general revenue fund only until the total amount of the surcharges and the
state traffic fines equals $250 million per year. To the extent those
fines and surcharges exceed $250 million, the excess shall be deposited to
the credit of the Texas mobility fund, rather than to the credit of the
general revenue fund.
ARTICLE 3. Amends Section 20.02, House Bill 3588, Acts of the 78th
Legislature, Regular Session, 2003, as follows:
(a) Deletes existing Subsection (a) and redesignates (b) as (a).
Establishes that, notwithstanding Sections 780.002(b) and (c), rather
than 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), Health and Safety Code, rather than 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 state fiscal
years 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, rather than to the debt service account which is subject to the
provisions of Subsection (d).
(b) Redesignated from Subsection (c). Provides that 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 state fiscal years 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.
Deletes text requiring the deposit to be made to the Texas mobility fund
debt service account, which is subject to the provisions of Subsection
(d).
(c) Deletes Subsection (d). Redesignates Subsection (e) as (c). Makes
conforming changes.
Provides that an amount of funds estimated to be $231,700,000 deposited to
the credit of the general revenue fund in state fiscal year 2005, is
appropriated out of general revenue for the state fiscal biennium
beginning September 1, 2003, to replace an equal amount of federal fiscal
relief funds utilized to certify general revenue appropriations made by
House Bill 1, Acts of the 78th Legislature, Regular Session, 2003. The
federal fiscal relief funds so replaced are appropriated to the
comptroller for fiscal biennium beginning September 1, 2003, for the
purposes described in Section 11.28(a), Article IX, House Bill 1, Acts of
the 78th Legislature, Regular Session, 2003.
Amends Section 11.28(a), Article IX, House Bill 1, Acts of the 78th
Legislature, Regular Session, 2003 (the General Appropriation Act), to
provide that, notwithstanding other provisions of this Act, based upon
passage of federal legislation that provides federal funds for the purpose
of state fiscal relief, such funds are appropriated to the comptroller of
public accounts in the fiscal year in which the funds are received for the
purpose of transferring funds to state agencies for state fiscal relief,
as directed by the governor and Legislative Budget Board under Chapter
317, Government Code, and in accordance with Subsection (b) of this
section. Deletes text referencing Section 11.15, Contingency
Appropriation Reduction and Contingency Appropriation. States that in
addition to the priorities established in Subsection (b) of this section,
such funds shall also be used for the state child health plan, Goal C of
the appropriations to the Health and Human Services Commission (insure
children), to provide necessary and appropriate short-term evaluative or
crisis intervention mental health services and services for the treatment
of serious mental illness; and states that it is also a priority of the
legislature that the plan provide funding to permit a Medicaid recipient,
including an adult recipient, to select a licensed psychologist, a
licensed marriage and family therapist, a licensed professional counselor,
or a licensed master social worker (as defined by the appropriate codes)
to perform professional counseling services or other health care services
or procedures covered under the Medicaid program if the selected person is
authorized by law to perform the counseling or other services or
procedures.
ARTICLE 4. DEFERRED DISPOSITION OF TRAFFIC OFFENSES. Amends Article
45.051(c), Code of Criminal Procedure, as amended by Senate Bill Nos. 631
and 1904, Acts of the 78th Legislature, Regular Session, 2003, is
reenacted to read as follows:
(c) The judge may determine that the defendant has complied with the
requirements imposed under this article, and dismiss the complaint. It
shall be clearly noted that the complaint is dismissed, and there is no
final conviction. If complaint is dismissed, a special expense not to
exceed amount of the fine may be imposed.
Reenacts Articles 45.0511(e) and (l) - (t), Code of Criminal Procedure, as
amended by Senate Bill Nos. 631 and 1904, Acts of the 78th Legislature,
Regular Session, 2003, as follows:
A request to take a driving safety course or motorcycle operator training
course made at or before the time and at the place at which a defendant is
required to appear in court is an appearance in compliance with the
defendant's promise to appear.
Requires the court, when a defendant complies with Subsection (c), to take
certain actions, including removing the judgment and dismissing the charge
and reporting to DPS that the driver has taken the appropriate safety
course, and state in that report whether this course was taken under this
article to provide information necessary to determine eligibility to take
a subsequent course under Subsection (b).
The court may dismiss only one charge for each completion of a course; a
charge that is dismissed under this article may not be part of a person's
driving record or used for any purpose; an insurer may not cancel or
increase the premium charged an insured under the policy because the
insured completed the appropriate course or had a charge dismissed under
this article.
The court shall advise a defendant charged with a misdemeanor committed
while operating a motor vehicle or motorcycle the defendant's right to
successfully complete the appropriate course. The right to complete a
course does not apply to a defendant charged with: a violation of Section
545.066, 550.022, or 550.023, Transportation Code; a serious traffic
violation; or an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies.
A notice to appear issued for an offense to which this article applies
must inform a defendant charged with the eligible offenses of the
defendant's right to complete the appropriate course. Notice must state
that the defendant will lose that right, if, on or before the defendant's
your appearance date, the defendant does not provide the court with notice
of the defendant's request to take the course. If the notice is not
provided to the defendant, the defendant may continue to exercise the
defendant's right to take the appropriate course until the notice is
provided or there is a final disposition of the case.
This section does not apply to an offense committed by a person who holds
a commercial driver's license. An order of deferral under Subsection (c)
terminates any liability under a bail bond or appearance bond given for
the charge.
ARTICLE 5. MISCELLANEOUS PROVISIONS. Amends Section 91.071,
Transportation Code, as added by House Bill No. 3588, Acts of the 78th
Legislature, Regular Session, 2003, as follows:
(a) Except as provided in Subsection (b), TxDOT may use any available
funds to implement this chapter, including funds from the state
infrastructure bank.
(b) The total amount disbursed by the department from the state highway
fund to implement this chapter each fiscal year may not exceed $12.5
million. This subsection does not apply to the acquisition of abandoned
rail facilities; funding derived from the issuance of bonds, private
investment, and donations; federal funds from the Federal Railroad
Administration, Federal Transit Administration, or authorized by the
United States Congress for a specific purpose; grants awarded by the
governor from the State Enterprise Fund; and grading and bed preparation.
The Transportation Commission shall propose rules and criteria governing
the disbursement of funds for the acquisition of abandoned rail
facilities. Rules shall be proposed no later than November 30, 2003, if
this Act receives the necessary vote. If the necessary vote is not
achieved for immediate effect, the Commission shall proposed the rules no
later than February 1, 2004.
ANNUAL REPORT TO LEGISLATURE ON CERTAIN MATTERS. No later than December 1
of each year, TxDOT shall submit a report to the legislature that details
the expenditures made by the department in the preceding state fiscal year
in connection with the unified transportation program; turnpike projects
and toll roads; the Trans-Texas Corridor; rail facilities described in
Chapter 91; certain non-highway facilities on the Trans-Texas Corridor;
amount of bonds or other public securities issued for transportation
projects; and the direction of money by the department to a regional
mobility authority in this state. The report must break down information
in certain ways and may be submitted in an electronic format.
Amends Section 227.014(a), Transportation Code, as added by House Bill
3588, Acts of the 78th Legislature, Regular Session, 2003, as follows:
(a) allows the commission to create a system composed of jointly operating
two or more facilities as one operational and financial enterprise. A
system may only include facilities included in a comprehensive
transportation corridor developed under a comprehensive development
agreement, or facilities located wholly or partly within the territory of
a metropolitan planning organization or two adjacent department districts.
This section does not prohibit the department from creating a system that
includes a facility that will extend continuously through the territory of
two or more metropolitan planning organizations or more than two adjacent
department districts.
Amends Section 227.023(c) of the Transportation Code, as added by House
Bill 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
(c) to allow the department to enter into a comprehensive development
agreement that provides for the financing, development, design,
construction, or operation of a facility or a combination of facilities on
the Trans-Texas Corridor. All provisions of Chapter 361 relating to
comprehensive development agreements for turnpikes, including provisions
relating to the confidentiality of information, apply. Claims arising
under a comprehensive development agreement are subject to Section
201.112.
Amends Section 284.061(c), Transportation Code as follows:
(c) Except as provided by Section 361.1375, if applicable, the county is
entitled to immediate possession of property subject to a condemnation
proceeding brought by the county after a tender of a bond or other
security in an amount sufficient to secure the owner for damages; and the
approval of the bond or security by the court.
Amends Subchapter D, Chapter 361, Transportation Code by adding Section
361.1375, as follows:
Sec. 361.1375. DECLARATION OF TAKING BY CERTAIN COUNTIES. Provides that
this section applies only to counties with a population of 3.3 million or
more that operates under Chapter 284.
(b) Provides that if, in connection with projects under Chapter 284, the
director authorizes the county to proceed in the manner provided by
Section 361.137, the county may file a declaration of taking proceed in
the manner provided by Section 361.137 on any project of the county under
Chapter 284 and a reference to the department in Section 361.137 means the
county.
Amends Section 370.003(1), Transportation Code, as added by HB 3588, Acts
of the 78th Legislature, Regular Session, 2003, as follows: to define an
"authority" to mean a regional mobility authority organized under Section
361.003 as that section existed before June 22, 2003.
Amends 502.1715(a) and (b) of the Transportation Code, as added by House
Bill 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows:
(a) In addition to other fees imposed for registration of a motor
vehicle, at the time of application for registration of a motor vehicle
that is subject to Section 501.0234, the applicant shall pay a fee of $1.
This section eliminates the exemption for dealer transactions.
(b) Before August 31, 2005, fees collected under this section shall be
deposited to the credit of the state highway fund. The money shall be
used by the Department of Public Safety to support the DPS re-engineering
of the driver's license system to provide for the issuance by the DPA of a
driver's license or personal identification certificate, which is not to
include the use of biometric information. The DPS shall use the money to
establish and maintain a system to support the driver responsibility
program under Chapter 708; conduct the feasibility study authorized by
Section 601.450; and make lease payments to the master lease purchase
program for the financing of the driver's license reengineering project
and the liability insurance feasibility study.
Amends Section 504.202(f), Transportation Code, as added by House Bill
2971, Acts of the 78th Legislature, Regular Session, 2003, to eliminate
the fee for each additional set of disabled veterans' license plates.
One percent of the surcharges from the Driver Responsibility Program are
appropriated to DPS to administer the program, and the $1 fee collected
under the Motor Vehicle Financial Responsibility are appropriated to the
DPS. FTE's are increased to 11 during the biennium.
ARTICLE 6. Repeals obsolete sections of the turnpike legislation that
were inadvertently left in during drafting, and repeals a general revenue
provision that is no longer necessary for FY 2004 as the DPS license and
inspection fees are kept in general revenue for FY 2004. Also repeals a
definition of conviction that is no longer necessary to collect the new
state traffic fine. Effective date provisions.
Repealer: Section 361.181, Transportation Code (expenditures for
feasibility studies).
Repealer: Section 361.182, Transportation Code (Texas turnpike authority
feasibility study fund).
Repealer: Section 361.184, Transportation Code (Texas turnpike
authority project revolving fund).
Repealer: Section 361.3025, Transportation Code .
Repealer: Section 521.427(c), Transportation Code, as added by Section
11.04, House Bill 3588, Acts of the 78th Legislature, Regular Session,
2003.
Repealer: Section 542.4031(j), Transportation Code, as added by Section
12.01, House Bill 3588, Acts of the 78th Legislature, Regular Session,
2003.
Effective date: immediately if two-thirds vote of all members elected to
each house. Provides that 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
EFFECTIVE DATE
Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect on the 91st day after the last day of the legislative
session.