C.S.H.B. 156 78(R)    BILL ANALYSIS


C.S.H.B. 156
By: Krusee
Transportation
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

SB 342 from the 77th Legislature amended Subchapter A, Chapter 361,
Transportation Code by adding Section 361.003 granting the Texas
Transportation Commission the authority to authorize the creation of
regional mobility authorities.  One provision of SB 342, the ability to
acquire real property, was inadvertently omitted.  CSHB 156 gives a
regional mobility authority the ability to acquire real property, by
purchase or by condemnation. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency, or
institution. 

ANALYSIS

CSHB 156 adds Subsection (m) to 361.003 of the Transportation Code to
allow a regional mobility authority the powers and duties that the Texas
Department of Transportation and the Texas Transportation Commission have
under Subchapter D to acquire property by any method, including purchase
or condemnation. 

CSHB 156 additionally allows the exercise of the power of condemnation to
take place with the approval of the governing board of the regional
mobility authority, but without the concurrence of the Texas
Transportation Commission. 

EFFECTIVE DATE

Immediately if the bill receives a vote of two-thirds of the members of
each house; otherwise September 1, 2003. 


COMPARISON OF ORIGINAL TO SUBSTITUTE

The substitute differs from the original in that the substitute grants
explicit authority to acquire real property by any method, including by
condemnation or purchase. 

The substitute clarifies that the Texas Transportation Commission does not
have to concur with a regional mobility authority's condemnation. 

The substitute refers to both the Texas Transportation Commission and the
Texas Department of Transportation, rather than just the Transportation
Commission, since the referenced law refers to both.