By: Krusee (Senate Sponsor - Ogden) H.B. No. 2
(In the Senate - Received from the House September 17, 2003;
September 17, 2003, read first time and referred to Committee on
Infrastructure Development and Security; September 22, 2003,
reported favorably by the following vote: Yeas 7, Nays 0;
September 22, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to the construction, acquisition, financing, maintenance,
management, operation, ownership, and control of transportation
facilities and the progress, improvement, policing, and safety of
transportation in the state; making appropriations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. TEXAS TURNPIKE AUTHORITY DIVISION OF
TEXAS DEPARTMENT OF TRANSPORTATION
SECTION 1.01. Section 361.136, Transportation Code, as
amended by House Bill Nos. 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 1.02. Section 361.137, Transportation Code, as
amended by House Bill Nos. 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 1.03. Section 361.138(b), Transportation Code, as
amended by House Bill Nos. 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 1.04. Section 361.171, Transportation Code, as
amended by House Bill Nos. 3184 and 3588, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended 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 or [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 1.05. Section 361.172, Transportation Code, as
amended by House Bill Nos. 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 1.06. Section 361.173(a), Transportation Code, as
amended by House Bill Nos. 3184 and 3588, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended 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 are [were] issued, including tolls pledged to pay the bonds;
[and]
(2) the proceeds of bonds issued for the turnpike
project;
(3) the amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the turnpike project; and
(4) amounts received under a credit agreement relating
to the turnpike project for which the bonds are issued.
SECTION 1.07. Section 361.174, Transportation Code, as
amended by House Bill Nos. 3184 and 3588, Acts of the 78th
Legislature, Regular Session, 2003, is reenacted and amended 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:
(1) be payable from and secured by:
(A) payments made under an agreement with a local
governmental entity as provided by Subchapter A, Chapter 362;
(B) the proceeds of bonds issued for the turnpike
project; or
(C) amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the turnpike project; [,] and
(2) [may] state on their faces any pledge of revenue or
taxes and any security for the bonds under the agreement.
SECTION 1.08. Section 361.177, Transportation Code, as
amended by House Bill Nos. 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 1.09. Section 361.178, Transportation Code, as
amended by House Bill Nos. 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 that acts as depository of the proceeds of bonds or of
revenue may furnish indemnifying bonds or pledge securities that
the department requires.
SECTION 1.10. Section 361.179(a), Transportation Code, as
amended by House Bill Nos. 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 1.11. Section 361.185(a), Transportation Code, as
amended by House Bill Nos. 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 1.12. Section 361.189, Transportation Code, as
amended by House Bill Nos. 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 1.13. Section 361.302, Transportation Code, as
amended by House Bill Nos. 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 1.14. Section 361.3021, Transportation Code, as
added by House Bill Nos. 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 1.15. Section 361.303(a), Transportation Code, as
amended by House Bill Nos. 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 1.16. Section 361.305, Transportation Code, as
amended by House Bill Nos. 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 1.17. Section 361.306, Transportation Code, as
amended by House Bill Nos. 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 1.18. Section 361.307, Transportation Code, as
amended by House Bill Nos. 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 1.19. Section 361.281, Transportation Code, as
amended by House Bill Nos. 3184 and 3588, Acts of the 78th
Legislature, Regular Session, 2003, is amended to read as follows:
Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to:
(1) a county with a population of more than 1.5
million;
(2) a local government corporation serving a county
with a population of more than 1.5 million;
(3) an adjacent county in a joint turnpike authority
with a county with a population of more than 1.5 million;
(4) a municipality with a population of more than
170,000 that is adjacent to the United Mexican States;
(5) a regional tollway authority created under Chapter
366; or
(6) a regional mobility authority organized [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. The heading to Section 542.4031,
Transportation Code, as added by House Bill No. 3588, Acts of the
78th Legislature, Regular Session, 2003, is amended to read as
follows:
Sec. 542.4031. STATE TRAFFIC FINE [ADDITIONAL COURT COST].
SECTION 2.02. Sections 542.4031(a)-(d) and (h),
Transportation Code, as added by House Bill No. 3588, Acts of the
78th Legislature, Regular Session, 2003, are amended to read as
follows:
(a) In addition to the fine prescribed by Section 542.401 or
another section of this subtitle, as applicable [other costs,
including a cost under Section 542.403], a person who enters a plea
of guilty or nolo contendere to or is convicted of an offense under
this subtitle shall pay $30 as a state traffic fine [court cost].
The person shall 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. The state traffic fine shall be
paid regardless of whether:
(1) a sentence is imposed on the person;
(2) the court defers final disposition of the person's
case; or
(3) the person is placed on community supervision,
including deferred adjudication community supervision.
(b) An officer collecting a state traffic fine [cost due]
under this section in a case in municipal court shall keep separate
records of the money collected and shall deposit the money in the
municipal treasury.
(c) An officer collecting a state traffic fine [cost due]
under this section in a justice, county, or district court shall
keep separate records of the money collected and shall deposit the
money in the county treasury.
(d) Each calendar quarter, an officer collecting a state
traffic fine [cost due] under this section shall submit a report to
the comptroller. The report must comply with Articles 103.005(c)
and (d), Code of Criminal Procedure. [If no money due as a cost
under this section is collected in any quarter, the report required
for that quarter shall be filed in the regular manner, and the
report shall state that no money due under this section was
collected.]
(h) Notwithstanding Subsection (g)(1), in any state fiscal
year the comptroller shall deposit 67 percent of the money [court
costs] received under Subsection (e)(2) [that subsection] to the
credit of the general revenue fund only until the total amount of
the money [court costs] deposited to the credit of the general
revenue fund under Subsection (g)(1) [that subsection] and [the
surcharges deposited to the credit of that fund under] Section
780.002(b), Health and Safety Code, equals $250 million for that
year. 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 shall
deposit the additional amount [received under Subsection (g)] to
the credit of the Texas mobility fund.
SECTION 2.03. (a) Sections 708.051 and 708.101,
Transportation Code, as added by House Bill No. 3588, Acts of the
78th Legislature, Regular Session, 2003, are amended to read as
follows:
Sec. 708.051. NONAPPLICABILITY. This subchapter does not
apply to:
(1) an offense committed [a conviction that became
final] before September 1, 2003; or
(2) an offense covered by Subchapter C.
Sec. 708.101. NONAPPLICABILITY. This subchapter does not
apply to an offense committed [a conviction that became final]
before September 1, 2003.
(b) 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:
(1) shall 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
(2) may not assign points to a person's driver's
license under that chapter.
SECTION 2.04. Section 708.155, Transportation Code, as
added by H.B. No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 708.155. CONTRACTS FOR COLLECTION OF SURCHARGES. The
department may 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. The total amount of compensation may not exceed 30 percent
of the amount of the surcharges and related costs collected [set in
Article 103.0031, Code of Criminal Procedure].
SECTION 2.05. Section 780.002(c), Health and Safety Code,
as added by House Bill No. 3588, Acts of the 78th Legislature,
Regular Session, 2003, is amended to read as follows:
(c) Notwithstanding Subsection (b), in any state fiscal
year the comptroller shall deposit 49.5 percent of the surcharges
collected under Chapter 708, Transportation Code, to the credit of
the general revenue fund only until the total amount of the
surcharges deposited to the credit of the general revenue fund
under Subsection (b), and the state traffic fines [court costs]
deposited to the credit of that fund under Section 542.4031(g)(1),
Transportation Code, equals $250 million for that year. 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 shall deposit [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. Section 20.02, House Bill No. 3588, Acts of
the 78th Legislature, Regular Session, 2003, is amended to read as
follows:
Sec. 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 state 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 state 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 state 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 3.02. 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). 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. Section 11.28, Article IX, House Bill No. 1,
Acts of the 78th Legislature, Regular Session, 2003 (the General
Appropriations Act), is amended by amending Subsection (a) and
adding Subsections (c) and (d) to read as follows:
(a) 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[, after the implementation of Section 11.15,
Contingency Appropriation Reduction and Contingency
Appropriation,] 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 [provided by subsection (b)
of] this section.
(c) 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) 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, as defined by Section 502.002, Occupations
Code, a licensed professional counselor, as defined by Section
503.002, Occupations Code, or a licensed master social worker, as
defined by Section 505.002, Occupations Code, 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
SECTION 4.01. 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) On determining that the defendant has complied with the
requirements imposed by the judge under this article, the judge
shall dismiss the complaint, and it shall be clearly noted in the
docket that the complaint is dismissed and that there is not a final
conviction. If the complaint is dismissed, a special expense not
to exceed the amount of the fine assessed may be imposed.
SECTION 4.02. 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, are reenacted
to read as follows:
(e) 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) When a defendant complies with Subsection (c), the court
shall:
(1) remove the judgment and dismiss the charge;
(2) report the fact that the defendant successfully
completed a driving safety course or a motorcycle operator training
course and the date of completion to the Texas Department of Public
Safety for inclusion in the person's driving record; and
(3) state in that report whether the course was taken
under this article to provide information necessary to determine
eligibility to take a subsequent course under Subsection (b).
(m) The court may dismiss only one charge for each
completion of a course.
(n) A charge that is dismissed under this article may not be
part of a person's driving record or used for any purpose.
(o) An insurer delivering or issuing for delivery a motor
vehicle insurance policy in this state may not cancel or increase
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) The court shall 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, if the offense was committed while
operating a motorcycle, a motorcycle operator training course. The
right to complete a course does not apply to a defendant charged
with:
(1) a violation of Section 545.066, 550.022, or
550.023, Transportation Code;
(2) a serious traffic violation; or
(3) an offense to which Section 542.404 or 729.004(b),
Transportation Code, applies.
(q) A notice to appear issued for an offense to which this
article applies must inform a defendant charged with an offense
under Section 472.022, Transportation Code, an offense under
Subtitle C, Title 7, Transportation Code, or an offense under
Section 729.001(a)(3), Transportation Code, committed while
operating a motor vehicle of the defendant's right to complete a
driving safety course or, if the offense was committed while
operating a motorcycle, of the defendant's right to complete a
motorcycle operator training course. The notice required by this
subsection must read substantially as follows:
"You may be able to require that this charge be dismissed by
successfully completing a driving safety course or a motorcycle
operator training course. You will lose that right if, on or before
your appearance date, you do not provide the court with notice of
your request to take the course."
(r) If the notice required by Subsection (q) is not provided
to the defendant charged with the offense, the defendant may
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) This article does not apply to an offense committed by a
person who holds a commercial driver's license.
(t) An order of deferral under Subsection (c) terminates any
liability under a bail bond or appearance bond given for the charge.
SECTION 4.03. Article 45.051(c-1), Code of Criminal
Procedure, as added by S.B. No. 1904, Acts of the 78th Legislature,
Regular Session, 2003, is repealed.
ARTICLE 5. MISCELLANEOUS PROVISIONS
SECTION 5.01. (a) Section 91.071, Transportation Code, as
added by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
Sec. 91.071. [PERMISSIBLE SOURCES OF] FUNDING. (a) Except
as provided in Subsection (b), the [The] department may use any
available funds to implement this chapter [legally permissible
source of funding in acquiring, constructing, maintaining, and
operating a rail facility or system], including funds[:
[(1) appropriations from the state highway fund that
are not dedicated for another purpose by Section 7-a or 7-b, Article
VIII, Texas Constitution;
[(2) proceeds from bonds secured by the Texas Mobility
Fund;
[(3) donations, whether in kind or in cash; and
[(4) loans] from the state infrastructure bank.
(b) Each fiscal year, the total amount disbursed by the
department from the state highway fund to implement this chapter
may [out of federal and state funds shall] not exceed $12.5 million.
This subsection does not apply to:
(1) [disbursements for the acquisition or
construction of rail lines on the Trans-Texas Corridor;
[(2)] the acquisition of abandoned rail facilities
described in Section 91.007;
(2) [(3)] funding derived from the issuance of bonds,
private investment, and donations;
(3) federal funds[, and grants or loans] from the
Federal Railroad Administration, from the [or] Federal Transit
Administration, or authorized and appropriated by the United States
Congress for a specific project; [and]
(4) grants awarded by the governor from the Texas
Enterprise Fund; and
(5) grading and bed preparation.
(b) The Texas Transportation Commission shall propose rules
governing the disbursement of funds for the acquisition of
abandoned rail facilities described in Section 91.007,
Transportation Code. The rules shall prescribe criteria for the
Texas Department of Transportation's acquisition of abandoned rail
facilities. In establishing criteria, the Texas Transportation
Commission shall consider the local and regional economic benefit
realized from the disbursement of funds in comparison to the amount
of the disbursement.
(c) If this Act receives the vote necessary for immediate
effect, the Texas Transportation Commission shall propose the rules
required by Subsection (b) of this section not later than November
30, 2003. If this Act does not receive the vote necessary for
immediate effect, the Texas Transportation Commission shall
propose the rules required by Subsection (b) of this section not
later than February 1, 2004.
SECTION 5.02. Subchapter H, Chapter 201, Transportation
Code, is amended by adding Section 201.616 to read as follows:
Sec. 201.616. ANNUAL REPORT TO LEGISLATURE ON CERTAIN
MATTERS. (a) Not later than December 1 of each year, the
department shall submit a report to the legislature that details:
(1) the expenditures made by the department in the
preceding state fiscal year in connection with:
(A) the unified transportation program of the
department;
(B) turnpike projects and toll roads of the
department;
(C) the Trans-Texas Corridor;
(D) rail facilities described in Chapter 91; and
(E) non-highway facilities on the Trans-Texas
Corridor if those expenditures are subject to Section 227.062(c);
(2) the amount of bonds or other public securities
issued for transportation projects; and
(3) the direction of money by the department to a
regional mobility authority in this state.
(b) The report must break down information under Subsection
(a)(1)(A) by program category and department district. The report
must break down information under Subsections (a)(1)(B), (C), (D),
and (E) and Subsection (a)(3) by department district. The report
must break down information under Subsection (a)(2) by department
district and type of project.
(c) The report may be submitted in an electronic format.
SECTION 5.03. Section 227.014(a), Transportation Code, as
added by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(a) If the commission determines that the mobility needs of
this state would be most efficiently and economically met by
jointly operating two or more facilities as one operational and
financial enterprise, it may create a system composed of those
facilities. The commission may create more than one system and may
combine two or more systems into one system. The commission may
finance, construct, and operate [an] additional facilities
[facility] as an expansion of a system if the commission determines
that the facilities [facility] would most efficiently and
economically be constructed and operated if [it were a] part of the
system and that the addition will benefit the system. 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[:
[(1)] a metropolitan planning organization[;] or
[(2)] 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.
SECTION 5.04. Section 227.023(c), Transportation Code, as
added by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(c) To the extent and in the manner that the department may
enter into comprehensive development agreements under Chapter 361
with regard to turnpikes, the department may enter into a
comprehensive development agreement [agreements] under this
chapter that provides for the financing, development, design,
construction, or operation of a facility or a combination of [with
regard to] facilities on the Trans-Texas Corridor. All provisions
of Chapter 361 relating to comprehensive development agreements for
turnpikes apply to comprehensive development agreements for
facilities under this chapter, including provisions relating to the
confidentiality of information. Claims arising under a
comprehensive development agreement are subject to Section
201.112.
SECTION 5.05. Section 284.061(c), Transportation Code, is
amended to read as follows:
(c) Except as provided by Section 361.1375, if applicable,
the [The] county is entitled to immediate possession of property
subject to a condemnation proceeding brought by the county after:
(1) a tender of a bond or other security in an amount
sufficient to secure the owner for damages; and
(2) the approval of the bond or security by the court.
SECTION 5.06. Subchapter D, Chapter 361, Transportation
Code, is amended by adding Section 361.1375 to read as follows:
Sec. 361.1375. DECLARATION OF TAKING BY CERTAIN COUNTIES.
(a) This section applies only to a county with a population of 3.3
million or more that operates under Chapter 284.
(b) If, in connection with projects under Chapter 284, the
director authorizes the county to proceed in the manner provided by
Section 361.137:
(1) 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
(2) a reference to the department in Section 361.137
means the county.
SECTION 5.07. Section 370.003(1), Transportation Code, as
added by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(1) "Authority" means a regional mobility authority
organized under this chapter or under Section 361.003, as that
section existed before June 22 [September 1], 2003.
SECTION 5.08. Sections 502.1715(a) and (b), Transportation
Code, as added by House Bill No. 3588, Acts of the 78th Legislature,
Regular Session, 2003, are amended to read as follows:
(a) In addition to other fees imposed for registration of a
motor vehicle, at the time of application for registration or
renewal of registration of a motor vehicle for which the owner is
required to submit evidence of financial responsibility under
Section 502.153, the applicant shall pay a fee of $1. 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) Before [Prior to] August 31, 2005, fees collected under
this section [subchapter] shall be deposited to the credit of the
state highway fund. The [Subject to appropriation, the] money
shall be used by the Department of Public Safety to:
(1) support the Department of Public Safety's
reengineering of the driver's license system to provide for the
issuance by the Department of Public Safety of a driver's license or
personal identification certificate, not to include use of
biometric information; [and]
(2) establish and maintain a system to support the
driver responsibility program under Chapter 708;
(3) conduct the feasibility study authorized by
Section 601.450; and
(4) make lease payments to the master lease purchase
program for the financing of:
(A) the driver's license reengineering project;
and
(B) the liability insurance feasibility study.
SECTION 5.09. Section 504.202(f), Transportation Code, as
added by House Bill No. 2971, Acts of the 78th Legislature, Regular
Session, 2003, is amended to read as follows:
(f) The fee for the first set of license plates is $3. There
is no [The] fee for each additional set of license plates [is $15].
If a license plate is lost, stolen, or mutilated, on payment of a $1
fee the department shall issue a set of replacement plates.
SECTION 5.10. (a) The one percent of surcharges collected
during the state fiscal biennium beginning September 1, 2003, by
the Department of Public Safety of the State of Texas under Chapter
708, Transportation Code, as added 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 the
Department of Public Safety for the state fiscal biennium beginning
September 1, 2003, for the purposes of administering the driver
responsibility program operated by the department under Chapter
708, Transportation Code, as added by that bill. The number of
full-time equivalent positions (FTE) indicated in the Department of
Public Safety's bill pattern is increased by 11 during the
biennium.
(b) All fees collected during the state fiscal biennium
beginning September 1, 2003, by the Texas Department of
Transportation under Section 502.1715, Transportation Code, as
added by House Bill No. 3588, Acts of the 78th Legislature, Regular
Session, 2003, are appropriated to the Department of Public Safety
of the State of Texas for the state fiscal biennium beginning
September 1, 2003, for the purposes described by that section. The
number of full-time equivalent positions (FTE) indicated in the
Department of Public Safety's bill pattern is increased by 28
during the biennium.
ARTICLE 6. REPEALER; EFFECTIVE DATE; TRANSITION
SECTION 6.01. Sections 361.181, 361.182, and 361.184,
Transportation Code, and Section 361.3025, Transportation Code, as
added by Section 61, House Bill No. 3184, Acts of the 78th
Legislature, Regular Session, 2003, are repealed.
SECTION 6.02. The following laws are repealed:
(1) Section 521.427(c), 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), Transportation Code, as
added by Section 12.01, House Bill No. 3588, Acts of the 78th
Legislature, Regular Session, 2003.
SECTION 6.03. 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 immediate
effect, this Act takes effect on the 91st day after the last day of
the legislative session.
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