SRC-JEC S.B. 8 78(3)   BILL ANALYSIS


Senate Research Center   S.B. 8
78S30080 JTS-FBy: Ogden
Infrastructure Development and Security
9/15/2003
As Filed


DIGEST AND PURPOSE 

H.B. 3588, passed during the 78th Legislature, Regular Session,
comprehensively restructures the state's transportation system.  As
proposed, S.B. 8 further clarifies and amends provisions of the Texas
Transportation Code.  S.B. 8 also makes provisions regarding contingency
appropriations to certain health and human services programs. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Transportation
Commission in SECTION 1.17 (Section 361.306, Transportation Code) and
SECTION 5.01(b) of this bill. 

SECTION BY SECTION ANALYSIS

ARTICLE 1.  TEXAS TURNPIKE AUTHORITY DIVISION OF 
TEXAS DEPARTMENT OF TRANSPORTATION

SECTION 1.01.  Reenacts Section 361.136, Transportation Code, as amended
by House Bill Nos. 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 pay certain costs.   

(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 to agree to a
payment to the owner in certain alternative forms, instead of a single
fixed payment for the real property. 

(c)  Provides that 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 1.02.  Reenacts Section 361.137, Transportation Code, as amended
by House Bill Nos. 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, Property Code, or 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 certain  tasks. 

(d)  Requires the declaration of taking to include certain information.

(d-1)  Requires a 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 to accompany the declaration of taking. 

(e)  Provides 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 case in eminent domain under Chapter 21, Property Code. 

SECTION 1.03.  Reenacts Section 361.138(b), Transportation Code, as
amended by House Bill Nos. 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, to prohibit TxDOT, if the condemned property is a
homestead or a portion of a homestead as defined by Section 41.002,
Property Code, from taking possession sooner than the 91st day after the
date of service under Subsection (a). 

SECTION 1.04.  Reenacts and amends Section 361.171, Transportation Code,
as amended by House Bill Nos. 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 to be used solely for
the payment of the project for which the bonds were issued and prohibits
them from being divided between or among two or more projects.  Provides
that each project is a separate undertaking, the cost of which shall be
determined separately. 

(b)  Requires the bonds of each issue, as determined in the order
authorizing the issuance, to have certain characteristics. 

(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 be 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. Provides 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. 

(f)  Provides that 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 TTC and used only for the purposes
specified in the order authorizing the issuance. 

(g)  Provides that, 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)  Provides that bonds issued and delivered under this chapter and
interest coupons on the bonds are a security under Chapter 8, Business &
Commerce Code. 

(i)  Provides that 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 1.05.  Reenacts Section 361.172, Transportation Code, as amended
by House Bill Nos. 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, as follows: 

Sec. 361.172.  APPLICABILITY OF OTHER LAW; CONFLICTS.  Provides 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. 

SECTION 1.06.  Reenacts and amends Section 361.173(a), Transportation
Code, as amended by House Bill Nos. 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 certain sources, including the proceeds of
bonds issued for the turnpike project, and the amounts deposited in a debt
service reserve fund as required by the trust agreement securing bonds
issued for the turnpike project. 

SECTION 1.07.  Reenacts and amends Section 361.174, Transportation Code,
as amended by House Bill Nos. 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.  Provides that, notwithstanding any other provisions of this
chapter, turnpike project bonds issued by TTC may be payable from and
secured by certain sources, including the proceeds of bonds issued for the
turnpike project, or amounts deposited in a debt service reserve fund as
required by the trust agreement securing bonds issued for the turnpike
project. 

SECTION 1.08.  Reenacts Section 361.177, Transportation Code, as amended
by House Bill Nos. 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.  Provides that 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. 

SECTION 1.09.  Reenacts Section 361.178, Transportation Code, as amended
by House Bill Nos. 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, as follows: 

Sec. 361.178.  FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF SECURITIES.
Authorizes a bank or trust company incorporated under the laws of this
state that acts as depository of the proceeds of bonds or of revenue to
furnish indemnifying bonds or pledge securities that TxDOT requires. 

SECTION 1.10.  Reenacts and amends Section 361.179(a), Transportation
Code, as amended by House Bill Nos. 3184 and 3588, Acts of the 78th
Legislature, Regular Session, 2003, to authorize  TxDOT to impose tolls
for the use of each turnpike project and the different segments or parts,
rather than parts or sections, of each turnpike project. 

SECTION 1.11.  Reenacts Section 361.185(a), Transportation Code, as
amended by House Bill Nos. 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, to make provisions for the disposal of money
received under this chapter. 

SECTION 1.12.  Reenacts Section 361.189, Transportation Code, as amended
by House Bill Nos. 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.  Authorizes TTC, in
the order, to prescribe terms for the use of the revenue, including the
pledge of the revenue, but prohibits TTC 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. 

SECTION 1.13.  Reenacts and amends Section 361.302, Transportation Code,
as amended by House Bill Nos. 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 money disbursed by TxDOT under a 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 the purpose of making
the computation under Section 223.041. 

(e)  Provides that the authority to enter into comprehensive development
agreements provided by this section expires on August 31, 2011. 

SECTION 1.14.  Reenacts Section 361.3021, Transportation Code, as added by
House Bill Nos. 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. 

SECTION 1.15.  Reenacts Section 361.303(a), Transportation Code, as
amended by House Bill Nos. 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. 

SECTION 1.16.  Reenacts and amends Section 361.305, Transportation Code,
as amended by House Bill Nos. 3184 and 3588, Acts of the 78th Legislature,
Regular Session, 2003, as follows: 
 
Sec. 361.305.  TERMS OF PRIVATE PARTICIPATION.  (a)  Requires TxDOT to
negotiate the terms of private participation in a turnpike project,
including certain terms. 

(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. 

SECTION 1.17.  Reenacts Section 361.306, Transportation Code, as amended
by House Bill Nos. 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. 

SECTION 1.18.  Reenacts Section 361.307, Transportation Code, as amended
by House Bill Nos. 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. 

SECTION 1.19.  Amends Section 361.281, Transportation Code, as amended by
House Bill Nos. 3184 and 3588, Acts of the 78th Legislature, Regular
Session, 2003, as follows: 

Sec. 361.281.  APPLICABILITY OF SUBCHAPTER.  Provides that this subchapter
applies only to certain entities, including 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.  STATE TRAFFIC FINE AND DRIVER RESPONSIBILITY
PROGRAM SURCHARGES
 
SECTION 2.01.  Amends the heading to Section 542.4031, Transportation
Code, as added by House Bill No. 3588, Acts of the 78th Legislature,
Regular Session, 2003, to read as follows: 

Sec. 542.4031.  STATE TRAFFIC FINE.

SECTION 2.02.  Amends Sections 542.4031(a)-(d) and (h), Transportation
Code, as added by House Bill No. 3588, Acts of the 78th Legislature,
Regular Session, 2003, as follows: 

(a)  Provides that, in addition to the fine prescribed by Section 542.401
or another section of this subtitle, as applicable, a person who enters a
plea of guilty or nolo contendere to or is convicted of an offense under
this subtitle is required to pay $30 as a state traffic fine, rather than
court cost.  Requires the person to pay the state traffic fine when the
person enters the person's plea of guilty or nolo contendere, or on the
date of conviction, whichever is earlier. Requires that the state traffic
fine be paid regardless of whether a 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. 

(b)  Makes a conforming change.

(c)  Makes a conforming change.

(d)  Makes a conforming change.  Deletes text regarding a quarterly report
on money collected under this section.  

(h)  Requires the comptroller, notwithstanding Subsection (g)(1), in any
state fiscal year to deposit 67 percent of the money received under
Subsection (e)(2) to the credit of the general revenue fund only until the
total amount of the money deposited to the credit of the general revenue
fund under Subsection (g)(1) and Section 780.002(b), Health and Safety
Code, equals $250 million for that year.  Requires the comptroller, if in
any state fiscal year the amount received by the comptroller under those
laws for deposit to the credit of the general revenue fund exceeds $250
million, to deposit the additional amount to the credit of the Texas
mobility fund. 

SECTION 2.03.  (a)  Amends Sections 708.051 and 708.101, Transportation
Code, as added by House Bill No. 3588, Acts of the 78th Legislature,
Regular Session, 2003, as follows: 

Sec. 708.051.  NONAPPLICABILITY.  Provides that this subchapter does not
apply to an offense committed, rather than a conviction that became final,
before September 1, 2003. 

Sec. 708.101.  NONAPPLICABILITY.  Makes a conforming change.

(b)  Provides that, in connection with a conviction for an offense
committed before September 1, 2003, that became final on or after that
date, the Department of Public Safety (DPS) is required to refund any
surcharge collected under Chapter 708, Transportation Code, as added by
H.B. No. 3588, Acts of the 78th Legislature, Regular Session, 2003; and is
prohibited from assigning points to a person's driver's license under that
chapter. 

SECTION 2.04.  Amends Section 708.155, Transportation Code, as added by
H.B. No. 3588, Acts of the 78th Legislature, Regular Session, 2003, as
follows: 

Sec. 708.155.  CONTRACTS FOR COLLECTION OF SURCHARGES.  Authorizes DPS to
enter into a contract with a private attorney or a public or private
vendor for the provision of services for the collection of surcharges
receivable and related costs under this chapter.  Prohibits the total
amount of compensation from exceeding 30 percent of the amount of the
surcharges and related costs collected. 

SECTION 2.05.  Amends Section 780.002(c), Health and Safety Code, as added
by House Bill No. 3588, Acts of the 78th Legislature, Regular Session,
2003, to provide that if in any state fiscal year the amount received by
the comptroller under those laws for deposit to the credit of the general
revenue fund exceeds $250 million, the comptroller is required to deposit
the additional amount to the credit of the Texas mobility fund, rather
than 49.5 percent of the additional amount received under Subsection (a)
to the account established under this chapter and 49.5 percent of the
additional amount to the credit of the Texas mobility fund. 

ARTICLE 3.  FINANCIAL PROVISIONS

SECTION 3.01.  Amends Section 20.02, House Bill No. 3588, Acts of the 78th
Legislature, Regular Session, 2003, as follows: 

Sec. 20.02.  (a)  Deletes text requiring the comptroller to establish the
Texas mobility fund debt service account as a dedicated account within the
general revenue fund.  Redesignates the text of Subsection (b) as
Subsection (a).  Requires the comptroller to deposit certain money to the
credit of the Texas mobility fund instead of to the credit of the general
revenue fund.  Amends statutory references and makes conforming changes. 

(b) Redesignated from Subsection (c).  Makes conforming changes. 

(c) Deletes the text of Subsection (d), regarding the Texas mobility fund
debt service account. Redesignates Subsection (e) as (c).  Makes
conforming changes.   

SECTION 3.02.  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 under Section 20.02(c), House Bill No. 3588, Acts of the
78th Legislature, Regular Session, 2003, as amended by this Act, is
appropriated 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 No. 1, Acts of the 78th Legislature, Regular Session, 2003 (the
General Appropriations Act).  Provides that the federal fiscal relief
funds so replaced are appropriated to the comptroller of public accounts
for the state fiscal biennium beginning September 1, 2003, for the
purposes described by Section 11.28, Article IX, House Bill No. 1, Acts of
the 78th Legislature, Regular Session, 2003 (the General Appropriations
Act). 

SECTION 3.03.  Amends Section 11.28, Article IX, House Bill No. 1, Acts of
the 78th Legislature, Regular Session, 2003 (the General Appropriations
Act), by amending Subsection (a) and adding Subsections (c) and (d), as
follows: 

(a)  Deletes references to contingency appropriations.  Provides that,
notwithstanding other provisions of this Act, based upon the 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 acting under
Chapter 317, Government Code, and in accordance with this section. 

(c)  Provides that, in addition to the priorities established by
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. 

 (d)  Provides that, in addition to the priorities otherwise established
by this section, 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, to perform professional counseling services or other health
care services or procedures covered under the Medicaid program. 

ARTICLE 4.  DEFERRED DISPOSITION OF TRAFFIC OFFENSES

SECTION 4.01.  Reenacts 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, to provide that, on determining that a defendant
has complied with the requirements imposed by the judge under this
article, the judge is required to dismiss the complaint, and provides that
it shall be clearly noted in the docket that the complaint is dismissed
and that there is not a final conviction.  Provides that if the complaint
is dismissed, a special expense not to exceed the amount of the fine
assessed may be imposed. 

SECTION 4.02.  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: 

(e)  Provides that 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. 

(l)  Requires the court to take certain actions when a defendant complies
with Subsection (c). 

(m)  Authorizes the court to dismiss only one charge for each completion
of a course. 

(n)  Prohibits a charge that is dismissed under this article from being
part of a person's driving record or used for any purpose. 

(o)  Prohibits an insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state from canceling or increasing the
premium charged an insured under the policy because the insured completed
a driving safety course or a motorcycle operator training course, or had a
charge dismissed under this article. 

(p)  Requires the court to advise a defendant charged with a misdemeanor
under Section 472.022, Transportation Code, Subtitle C, Title 7,
Transportation Code, or Section 729.001(a)(3), Transportation Code,
committed while operating a motor vehicle, of the defendant's right under
this article to successfully complete a driving safety course or a
motorcycle operator training course.  Provides that the right to complete
a course does not apply to a defendant charged with certain offenses. 

(q)  Requires a notice to appear issued for an offense to which this
article applies to inform a defendant charged with certain offenses
committed while operating a motor vehicle of the defendant's right to
complete a driving safety course or a motorcycle operator training course.
Requires the notice required by this subsection to read a certain way. 

(r)  Authorizes a defendant, if the notice required by Subsection (q) is
not provided to the defendant, to continue to exercise the defendant's
right to take a driving safety course or a motorcycle operator training
course until the notice required by Subsection (q) is provided to the
defendant or there is a final disposition of the case. 

(s)  Provides that this article does not apply to an offense committed by
a person who holds a commercial driver's license. 
 
(t)  Provides that an order of deferral under Subsection (c) terminates
any liability under a bail bond or appearance bond given for the charge. 

SECTION 4.03.  Repealer:  Article 45.051(c-1) (regarding applicability of
the section), Code of Criminal Procedure, as added by S.B. No. 1904, Acts
of the 78th Legislature, Regular Session, 2003. 

ARTICLE 5.  MISCELLANEOUS PROVISIONS

SECTION 5.01.  (a)  Amends Section 91.071, Transportation Code, as added
by House Bill No. 3588, Acts of the 78th Legislature, Regular Session,
2003, to read as follows: 

Sec. 91.071.  New heading:  FUNDING.  (a)  Provides that, except as
provided in Subsection (b), TxDOT is authorized to use any available funds
to implement this chapter, including funds from the state infrastructure
bank. 

(b)  Prohibits the total amount disbursed by TxDOT from the state highway
fund to implement this chapter, each fiscal year, from exceeding $12.5
million. Provides that this subsection does not apply to certain funds. 

(b)  Requires TTC to propose rules governing the disbursement of funds for
the acquisition of abandoned rail facilities described in Section 91.007,
Transportation Code.  Requires the rules to prescribe criteria for TxDOT's
acquisition of abandoned rail facilities.  Requires TTC, in establishing
criteria, to consider the local and regional economic benefit realized
from the disbursement of funds in comparison to the amount of the
disbursement. 

(c)  Provides that, if this Act receives the vote necessary for immediate
effect, TTC shall propose the rules required by Subsection (b) of this
section not later than November 30, 2003. Provides that, if this Act does
not receive the vote necessary for immediate effect, TTC shall propose the
rules required by Subsection (b) of this section not later than February
1, 2004. 

SECTION 5.02.  Amends Subchapter H, Chapter 201, Transportation Code, by
adding Section 201.616, as follows: 

Sec. 201.616.  ANNUAL REPORT TO LEGISLATURE ON CERTAIN MATTERS.  (a)
Requires TxDOT, not later than December 1 of each year, to submit a report
to the legislature that details certain expenditures and other financial
information. 

(b)  Sets forth requirements for the report.

(c)  Authorizes the report to be submitted in an electronic format.

SECTION 5.03.  Amends Section 227.014(a), Transportation Code, as added by
House Bill No. 3588, Acts of the 78th Legislature, Regular Session, 2003,
to provide that a system created by TTC to address the state's mobility
needs may only include facilities included in a comprehensive
transportation corridor developed under a comprehensive development
agreement, or facilities located wholly or partly within certain
territory.   Provides that this section does not prohibit TxDOT 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 TxDOT districts.  Makes nonsubstantive changes. 

SECTION 5.04.  Amends Section 227.023(c), Transportation Code, as added by
House Bill No. 3588, Acts of the 78th Legislature, Regular Session, 2003,
to authorize TxDOT, to the extent and in the manner that it may enter into
comprehensive development agreements under Chapter 361 with regard to
turnpikes, to enter into a comprehensive development agreement under this
chapter that provides for the financing, development, design,
construction, or operation of a facility or a combination  of facilities
on the Trans-Texas Corridor.   

SECTION 5.05.  Amends Section 284.061(c), Transportation Code, to include
an exception as provided by Section 361.1375, if applicable. 

SECTION 5.06.  Amends Subchapter D, Chapter 361, Transportation Code, by
adding Section 361.1375, as follows: 

Sec. 361.1375.  DECLARATION OF TAKING BY CERTAIN COUNTIES.  (a)  Provides
that this section applies only to a county 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 of TxDOT authorizes the county to proceed in the manner provided
by Section 361.137, the county may file a declaration of taking and
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. 

SECTION 5.07.  Amends Section 370.003(1), Transportation Code, as added by
House Bill No. 3588, Acts of the 78th Legislature, Regular Session, 2003,
to redefine "authority." 

SECTION 5.08.  Amends Sections 502.1715(a) and (b), Transportation Code,
as added by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, as follows: 

(a)  Provides that, 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. 

(b)  Provides that, before August 31, 2005, fees collected under this
section, rather than subchapter, shall be deposited to the credit of the
state highway fund.  Requires that the money be used by DPS for certain
purposes.  

SECTION 5.09.  Amends Section 504.202(f), Transportation Code, as added by
House Bill No. 2971, Acts of the 78th Legislature, Regular Session, 2003,
to provide that there is no fee for each additional set of license plates.

SECTION 5.10.  (a)  Provides that the one percent of surcharges collected
during the state fiscal biennium beginning September 1, 2003, by DPS, as
provided by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, that is deposited to the general revenue fund and dedicated
to the administration of the driver responsibility program by Section
780.002(b), Health and Safety Code, as added by that bill, is appropriated
to DPS for the state fiscal biennium beginning September 1, 2003, for the
purposes of administering the driver responsibility program operated by
DPS under Chapter 708, Transportation Code, as added by that bill.
Provides that the number of full-time equivalent positions (FTE) indicated
in DPS' bill pattern is increased by 11 during the biennium. 

(b)  Provides that all fees collected during the state fiscal biennium
beginning September 1, 2003, by TxDOT under Section 502.1715,
Transportation Code, as added by House Bill No. 3588, Acts of the 78th
Legislature, Regular Session, 2003, are appropriated to DPS for the state
fiscal biennium beginning September 1, 2003, for the purposes described by
that section. Provides that the number of full-time equivalent positions
(FTE) indicated in DPS' bill pattern is increased by 28 during the
biennium. 

ARTICLE 6.  REPEALER; EFFECTIVE DATE; TRANSITION

SECTION 6.01.  Repealers:  Sections 361.181 (Expenditures for Feasibility
Studies), 361.182 (Texas  Turnpike Authority Feasibility Study Fund), and
361.184 (Texas Turnpike Authority Project Revolving Fund), Transportation
Code, and Section 361.3025 (Performance and Payment Security),
Transportation Code, as added by Section 61, House Bill No. 3184, Acts of
the 78th Legislature, Regular Session, 2003. 

SECTION 6.02.  Repealers:

(1)  Section 521.427(c) (regarding disposition of fees), Transportation
Code, as added by Section 11.04, House Bill No. 3588, Acts of the 78th
Legislature, Regular Session, 2003; and 

(2)  Section 542.4031(j) (regarding court costs), Transportation Code, as
added by Section 12.01, House Bill No. 3588, Acts of the 78th Legislature,
Regular Session, 2003. 

SECTION 6.03.  Effective date:  upon passage or on the 91st day after the
last day of the legislative session.