H.B. 3184 78(R)    BILL ANALYSIS


H.B. 3184
By: Hill
Transportation
Committee Report (Unamended)



BACKGROUND AND PURPOSE 

To clarify the powers of the Texas Transportation Commission (commission)
and the Texas Department of Transportation (department) with regard to the
financing, construction, improvement, maintenance, and operation of
turnpike projects, and to provide additional powers to the commission and
the department that are necessary or convenient to the financing,
construction, improvement, maintenance, and operation of turnpike
projects. 

Senate Bill 342, 77th Legislature, 2001, added Section 361.005,
Transportation Code, to transfer the powers and duties of the former board
of directors of the department's Texas Turnpike Authority Division (board)
to the commission.  The bill did not, however, alter the references in
existing law to the board or make changes necessary to fully integrate the
Texas Turnpike Authority Division (division) into the department.   

Experience with the development of turnpike projects has shown that the
department's legal authority with regard to turnpike projects needs some
clarification.  The language of Chapter 361, Transportation Code, still
contains obsolete references to the board or to the Texas Turnpike
Authority as an independent entity, and contains numerous provisions that
duplicate the substance of other statutes applicable to the department.
The existence of obsolete and duplicative provisions has complicated the
department's development of turnpike projects.  Additional powers are
needed to develop turnpike projects in an expeditious and efficient
manner. 

RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the Transportation Commission in SECTION 1 (Section 201.112(a),
360.032(a), 361.234(a), 361.3025(4)(g), 361.306, Transportation Code) of
this bill. 

ANALYSIS

SECTION 1. Amends Section 201.112(a), Transportation Code, to include
turnpike improvement contracts and other contracts entered into under
Chapter 361, Transportation Code among the contracts for which the
commission may adopt rules establishing procedures for the informal
resolution of contract claims. 

SECTION 2. Amends Chapter 361, Transportation Code, as follows:

Sec. 361.001. DEFINITIONS. Deletes the definition of "board."  Substitutes
department for authority in the definition of "turnpike project." 

Sec. 361.002. CHAPTER LIBERALLY CONSTRUED. Same as existing provision.

Sec. 361.003. REGIONAL MOBILITY AUTHORITY. Same as existing provision.

Sec. 361.004. CONSTRUCTION COSTS. Same as existing provision.
 
Sec. 361.005. TRANSFER OF BOARD'S POWERS AND DUTIES. Repealed.

Sec. 361.031. TEXAS TURNPIKE AUTHORITY. Provides that the division is
responsible for promoting and coordinating the development of turnpike
projects under this chapter, and that the division and other department
offices may be assigned duties as appropriate to the proper administration
of this chapter. Substitutes department for authority where necessary. 

Sec. 361.033. GENERAL POWERS AND DUTIES.  Formerly Section 361.042.
Removes administrative provisions that are duplicative or inconsistent
with existing provisions applicable to the department and substitutes
department for authority where necessary. 

Sec. 361.043. ENTRANCES AND EXITS OF TURNPIKE PROJECT. Repealed and
renumbered as Section 361.105. 

Sec. 361.046. COMPENSATION OF EMPLOYEES. Repealed.

Sec. 361.0485. BOARD MEETING BY TELEPHONE CONFERENCE CALL. Repealed.

Sec. 361.049. CONSULTANTS. Repealed.

Sec. 361.050. DISADVANTAGED BUSINESSES. Repealed.

Sec. 361.051. PUBLIC ACCESS. Repealed.

Sec. 361.052. PUBLIC COMPLAINTS. Repealed.

Sec. 361.053. EVIDENCE OF ACTION BY AUTHORITY. Repealed.

Sec. 361.054. AUDIT. Renumbered as new Section 361.037.  Substitutes
department for authority where necessary, clarifies that audits will
review the department's books and accounts for activities under this
chapter, and requires that audits be conducted in compliance with existing
trust agreements securing bonds issued under this chapter. 

Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. Repealed.

Sec. 361.101. DETERMINATION OF TURNPIKE PROJECTS. Substitutes department
for authority where necessary and requires a commission order approving
the designation of a project as a turnpike project, rather than approving
the project's location. 

Sec. 361.102. PUBLIC HEARINGS. Repealed.

Sec. 361.103. ENVIRONMENTAL REVIEW. Repealed and replaced with new Section
361.103, Application of Other Law, providing that all other law applicable
to the department, the commission, and the state highway system applies to
the development, construction, maintenance, and operation of a turnpike
project unless in conflict with this chapter. 

Sec. 361.105. ENTRANCES AND EXITS OF TURNPIKE PROJECT. Contains the
provisions in former Section 361.043. 

Sec. 361.131. POWERS AND PROCEDURES OF DEPARTMENT IN ACQUIRING PROPERTY.
Substitutes department for authority where necessary and clarifies that
real property may be acquired and disposed of under this chapter using the
same procedures authorized under Chapters 202 and 203, Transportation
Code. 

Sec. 361.132. ACQUISITION OF PROPERTY. Substitutes department for
authority where necessary.  Expressly authorizes the department to acquire
property for toll houses, toll plazas, and service stations, and to
provide locations for ancillary revenue generating facilities. 

Sec. 361.133. ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY. Substitutes
department for authority where necessary. 

Sec. 361.134. DESCRIPTION OF REAL PROPERTY. Substitutes department for
authority where necessary. 

Sec. 361.135. CONDEMNATION OF REAL PROPERTY. Substitutes department for
authority where necessary and deletes unnecessary references to the board.
Clarifies that the commission may approve the condemnation of real
property that is necessary or convenient for the construction or operation
of a turnpike project, as defined in Section 361.132(d).  Repeals the
provision that a supplemental facility may only be constructed on
purchased land. 

Sec. 361.136. SEVERANCE OF REAL PROPERTY. Substitutes department for
authority where necessary. 

Sec. 361.137. DECLARATION OF TAKING. Substitutes department for authority
where necessary. 

Sec. 361.138. POSSESSION OF PROPERTY. Substitutes department for authority
where necessary. 

Sec. 361.140. RESTORATION OF OR COMPENSATION FOR DAMAGE TO OR DESTRUCTION
OF PRIVATE PROPERTY. Same as existing provision. 

Sec. 361.141. COMPENSATION FOR AND RESTORATION OF PUBLIC PROPERTY.
Substitutes department for authority where necessary. 

Sec. 361.142. COVENANTS, CONDITIONS, RESTRICTIONS, OR LIMITATIONS.
Substitutes department for authority where necessary. 

Sec. 361.171. TURNPIKE REVENUE BONDS. Substitutes commission for authority
as the entity that may authorize the issuance of bonds under this chapter
and the terms of that issuance, and substitutes department for authority
as the entity that may authorize the sale of those bonds. 

Sec. 361.172. APPLICABILITY OF OTHER LAWS. Substitutes commission for
authority where necessary. 

Sec. 361.173. PAYMENT OF BONDS; CREDIT OF STATE NOT PLEDGED. Substitutes
commission for authority regarding the entity issuing bonds and commission
and department for authority with respect to those entities that are
prohibited from incurring financial obligations that cannot be paid from
tolls or revenue derived from owning or operating turnpike projects under
this chapter or from money provided by law. 

Sec. 361.174. SOURCES OF PAYMENT OF AND SECURITY FOR TURNPIKE PROJECT
BONDS. Substitutes commission for authority regarding the entity issuing
turnpike project bonds and department for authority regarding the use of
money available to the department for the payment of bonds. Repeals
restriction on making bond payments from revenues derived from other
turnpike projects. 

Sec. 361.175. TURNPIKE REVENUE REFUNDING BONDS. Substitutes commission for
authority regarding the entity authorized to issue refunding bonds and
commission and department for authority regarding the entities whose
rights and obligations with respect to bonds and bondholders are governed
by this chapter. 

Sec. 361.176. TRUST AGREEMENT. Substitutes commission for authority where
necessary. 
 
Sec. 361.177. PROVISIONS PROTECTING AND ENFORCING RIGHTS AND REMEDIES OF
BONDHOLDERS. Substitutes department for authority and order for resolution
where necessary. 

Sec. 361.178. FURNISHING OF INDEMNIFYING BONDS OR PLEDGE OF SECURITIES.
Substitutes department for authority where necessary. 

Sec. 361.179. REVENUE. Substitutes department for authority and order for
resolution where necessary. Allows contributions of funds to be deposited
in a fund with toll revenue and other revenue and used for the cost of
maintaining, repairing, and operating a turnpike project, the payment of
the principal of and interest on bonds issued for a turnpike project, and
to create reserves. 

Sec. 361.180. TOLLS ON CONVERTED HIGHWAYS. Same as existing provision.

Sec. 361.181. EXPENDITURES FOR FEASIBILITY STUDIES. Substitutes department
for authority where necessary.  Repeals obsolete provision relating to the
authority's use of money received from the department for feasibility
studies. 

Sec. 361.182. TEXAS TURNPIKE AUTHORITY FEASIBILITY STUDY FUND. Substitutes
department for authority where necessary.  Makes the department's
maintenance of the feasibility study fund discretionary.  Requires the
commission to authorize a feasibility study, but authorizes this power to
be delegated to the department's executive director.  Repeals obsolete
provision relating to funds transferred to the department for the benefit
of the authority as part of the 1997 creation of the division and the
North Texas Tollway Authority (NTTA).  Allows the commission to authorize
a feasibility study to be funded with toll equity provided by a grant or a
loan. 

Sec. 361.183. FEASIBILITY STUDY BY MUNICIPALITY, COUNTY, OR PRIVATE GROUP.
Substitutes commission for authority where necessary. 

Sec. 361.184. TEXAS TURNPIKE AUTHORITY PROJECT REVOLVING FUND. Substitutes
department for authority and commission for board where necessary.
Repeals obsolete provision relating to the deposit into the project
revolving fund of funds transferred to the department for the benefit of
the authority as part of the 1997 creation of the division and the NTTA. 

Sec. 361.185. TRUST FUND. Substitutes department for authority and order
for resolution where necessary. 

Sec. 361.186. REMEDIES. Deletes obsolete reference to bond coupons.
Substitutes commission and department for authority with respect to the
performance of duties under this chapter, the trust agreement, and a
minute order authorizing the issuance of bonds, and substitutes order for
resolution where necessary. 

Sec. 361.187. EXEMPTION FROM TAXATION OR ASSESSMENT. Substitutes
commission for authority regarding exemption from taxation on turnpike
projects and certain property and income on property, and substitutes
department for authority regarding the exemption from taxation of property
acquired or used by the department. 

Sec. 361.188. VALUATION OF BONDS SECURING DEPOSIT OF PUBLIC FUNDS.
Substitutes commission for authority where necessary and deletes obsolete
reference to bond coupons. 

Sec. 361.189. USE OF SURPLUS REVENUE. Substitutes order for resolution
where necessary. 

Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY COMMISSION. Substitutes
commission for department as the entity authorizing the expenditure of
money for the cost of the acquisition, construction, maintenance, or
operation of a turnpike project, and deletes a reference to the authority
as an independent entity. 

 Sec. 361.231.  AWARDING OF CONTRACTS. Substitutes department for
authority where necessary, revises a cross reference to provisions
relating to the department's highway improvement contracts, and deletes
duplicative provisions. 

Sec. 361.232.  SUBSTITUTION FOR AND EFFECT ON EXISTING ROADS. Substitutes
department for authority where necessary. 

Sec. 361.233. RIGHT OF ENTRY. Substitutes department for authority where
necessary. 

Sec. 361.234. PUBLIC UTILITY FACILITIES. Substitutes commission for
authority as the entity authorized to adopt rules relating to the use of a
turnpike project for the installation, construction, maintenance,
relocation, and removal of public utility facilities, and department for
authority as the entity regulating such use.  Deletes unnecessary
provisions granting the authority powers equivalent to the commission with
respect to a public utility's use of highway right of way.  

Sec. 361.235. USE OF STATE REAL PROPERTY. Substitutes department for
authority where necessary. 

Sec. 361.236. MAINTENANCE OF TURNPIKE PROJECT. Substitutes department for
authority where necessary. 

Sec. 361.237. OPERATION OF TURNPIKE PROJECT. Repealed as it is duplicative
of Section 361.251. 

Sec. 361.238. PAYMENT OF BOND INDEBTEDNESS; CESSATION OR CONTINUATION OF
TOLLS. Substitutes department for authority where necessary. 

Sec. 361.251. TURNPIKE PROJECT A STATE HIGHWAY. Clarifies that turnpike
projects are state highways subject to all laws applicable to the
regulation and control of traffic on a state highway. 

Sec. 361.252. FAILURE OR REFUSAL TO PAY TOLL; OFFENSE. Same as existing
provision. 

Sec. 361.253. ADMINISTRATIVE FEE; NOTICE; OFFENSE. Substitutes department
for authority where necessary.  Authorizes the department to contract with
a person to collect unpaid tolls prior to referring the matter to a court
with jurisdiction over the offense.  Provides for deposit of collected
tolls and fees in the depository bank used for that purpose. 

Sec. 361.254. PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES. Same as
existing provision. 

Sec. 361.255. USE AND RETURN OF TRANSPONDERS. Substitutes department for
authority where necessary. 

Sec. 361.256. AUTOMATED ENFORCEMENT TECHOLOGY. Substitutes department for
authority where necessary. 

Sec. 361.281. APPLICABILITY OF SUBCHAPTER. Applies this subchapter to
regional mobility authorities. 

Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE PROJECT. Substitutes
department for authority where necessary and authorizes the department to
lease, sell, or otherwise convey a turnpike project to a regional mobility
authority. 

Sec. 361.283. DISCHARGE OF OUTSTANDING BOND INDEBTEDNESS. Substitutes
department for authority where necessary. 
 
Sec. 361.284. REPAYMENT OF DEPARTMENT'S EXPENDITURES. Requires an
agreement to lease, sell, or convey a turnpike project to provide for the
reimbursement of department expenditures for the project that have not
been reimbursed with bond proceeds unless waived by the commission because
the transfer will result in substantial net benefits. 

Sec. 361.285. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL. Revised to
recognize that turnpike projects may be transferred to a regional mobility
authority. 

Sec. 361.301. AGREEMENTS WITH PUBLIC OR PRIVATE ENTITIES TO CONSTRUCT,
MAINTAIN, REPAIR, AND OPERATE TURNPIKE PROJECTS. Substitutes department
for authority where necessary.  Clarifies that the requirements of Section
361.231 and Subchapter A, Chapter 2254, Government Code do not apply to an
agreement entered into under this subchapter. 

Sec. 361.302. EXCLUSIVE DEVELOPMENT AGREEMENTS WITH PRIVATE ENTITIES.
Substitutes department for authority where necessary.  Clarifies that the
requirements of Section 361.231 and Subchapter A, Chapter 2254, Government
Code do not apply to an exclusive development agreement. Makes the use of
private funding for a project developed under an exclusive development
agreement discretionary.  Removes limitations on the number of exclusive
development agreements that may be entered.  Provides that proposals for
projects developed under an exclusive development agreement and related
information are confidential. 

Sec. 361.3025. PERFORMANCE AND PAYMENT SECURITY. Requires a private entity
entering into an exclusive development agreement to provide performance
and payment bonds or alternative forms of security authorized under this
section, and prescribes the amount of security.  Requires the commission
to prescribe by rule requirements for alternate forms of security. 

Sec. 361.303. OWNERSHIP OF TURNPIKE PROJECT. Substitutes department for
authority where necessary. 

Sec. 361.304. LIABILITY FOR PRIVATE OBLIGATIONS. Substitutes department
for authority where necessary. 

Sec. 361.305. TERMS OF PRIVATE PARTICIPATION. Substitutes department for
authority where necessary. 

Sec. 361.306. RULES, PROCEDURES, AND GUIDELINES GOVERNING SELECTION AND
NEGOTIATION PROCESS. Substitutes commission for authority as the entity
required to adopt rules governing the selection and negotiation process
for obtaining private participants in turnpike projects, and department
for authority in other circumstances relating to this process.  Authorizes
the department to pay to unsuccessful proposers a stipulated amount of the
final contract price for any costs incurred in preparing a proposal,
providing the amount paid does not exceed the value of work product
contained in the proposal that can be used by the department. 

Sec. 361.307. AGREEMENTS WITH PRIVATE ENTITIES AND OTHER GOVERNMENTAL
AGENCIES. Substitutes department for authority where necessary. 

Sec. 361.308. PARTICIPATION ON CERTAIN OTHER BOARDS, COMMISSIONS, OR
PUBLIC BODIES. Repealed. 

Sec. 361.331. POOLED TURNPIKE PROJECTS. Substitutes department for
authority where necessary, and commission for authority as the entity that
may designate a pooled turnpike project. 

Sec. 361.332. RELATIONSHIP TO OTHER LAW OR TRUST AGREEMENT. Same as
existing provision. 

 Sec. 361.333. ISSUANCE OF TURNPIKE REVENUE BONDS, PLEDGE OF PROJECT
REVENUE. Substitutes commission for authority and order for resolution
where necessary. 

Sec. 361.334. ISSUANCE OF TURNPIKE REVENUE REFUNDING BONDS. Substitutes
commission for authority and order for resolution where necessary. 

Sec. 361.335. ISSUANCE OF BONDS AND PLEDGE OF TURNPIKE PROJECT REVENUE
WITHOUT REGARD TO WHETHER BONDS ARE REFUNDED. Substitutes commission for
authority and order for resolution where necessary. 

SECTION 3. Amends Section 362.001, Transportation Code, to delete the
definition of "authority." 

SECTION 4. Amends Section 362.003(b) and (c), Transportation Code, to
provide that the provisions of Chapters 1201 and 1371, Government Code,
and Subchapters A-C, Chapter 1207, Government Code, are applicable to
bonds issued by the commission under this chapter, and to authorize the
department to enter into all agreements necessary or convenient to
effectuate the purposes of this chapter. 

SECTION 5. Amends Section 362.007(a) and (b), Transportation Code, to
substitute department for authority where necessary. 

SECTION 6. Amends Section 362.008, Transportation Code, to substitute
department for authority where necessary. 

SECTION 7. Amends the section heading to Section 545.354, Transportation
Code, to delete an unnecessary reference to the Texas Turnpike Authority. 

SECTION 8. Amends Section 545.354(a)(1), Transportation Code, to delete an
unnecessary reference to the Texas Turnpike Authority. 

SECTION 9. Amends Section 621.102, Transportation Code, to delete a
duplicative provision providing the Texas Turnpike Authority with the same
powers as the commission with respect to setting maximum weights of
certain vehicles and loads. 

SECTION 10. Repealer: Section 362.052 (Commission Review of Bonds) and
Section 362.053 (Contracts Between Commission and Texas Turnpike
Authority), Transportation Code. 

SECTION 11. Repealer: Subsections (i) and (j), Section 222.103(Cost
Participation), Transportation Code. 

EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1,2003.