SRC-AMY S.B. 1463 78(R)   BILL ANALYSIS


Senate Research Center   S.B. 1463
By: Lindsay
Infrastructure Development and Security
4/10/2003
As Filed


DIGEST AND PURPOSE 

Funding constraints at all levels of government make it more difficult to
address mobility concerns effectively with traditional means, making it
necessary for the Texas Department of Transportation (TxDOT) to seek
innovative solutions to satisfy transportation demands. Additional revenue
from toll roads would allow TxDOT to fund needed state highway system
improvements.  As proposed, S.B. 1463 establishes the process for the
Texas Transportation Commission (TTC) to convey a non-tolled highway, or a
segment thereof, to a county for operation and maintenance as a toll
facility. This bill requires toll revenue collected from state toll
facilities to be earmarked for the state highway fund for TxDOT functions
and air quality projects. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Texas Transportation
Commission in SECTION 1 (Section 284.009, Transportation Code) of this
bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 284A, Transportation Code, by adding Section
284.009, as follows: 

Sec. 284.009.  CONVEYANCE OF STATE HIGHWAY TO COUNTY.  (a) Authorizes the
Texas Transportation Commission (TTC) to convey a non-tolled state highway
or a segment of a non-tolled state highway, including any real property
acquired to construct or operate the highway, to a county for operation
and maintenance as a project under this chapter in certain circumstances. 

(b) Authorizes a county that receives a highway under Subsection (a) to
own, operate, and maintain the highway as a pooled project under Section
284.065 (Pooled Projects). 

(c) Requires TTC, at the time of a conveyance,  to remove the highway from
the state highway system.  Provides that after a conveyance, the Texas
Department of Transportation (TxDOT) has no liability, responsibility, or
duty for the maintenance or operation of the highway. 
 
(d) Authorizes TTC to waive all or a portion of money due under Subsection
(a)(2) if it finds that the conveyance will result in substantial net
benefits to the state, TxDOT, and the traveling public, that equal or
exceed the amount of payment waived. 

(e) Requires TTC, before conveying a highway under this section, to
conduct a public hearing to receive comments from interested persons
concerning the proposed conveyance.  Requires a notice of the hearing to
be published in the Texas Register and one or more newspapers of general
circulation in the counties in which the highway is located. 

(f) Authorizes a county to use toll revenue collected under this section
to fund a  transportation project or an air quality project. 

(g) Requires TTC to adopt rules implementing this section.  Requires the
rules to include criteria and guidelines for approval of a conveyance of a
highway. 

(h) Defines "air quality project" and "transportation project."

SECTION 2.  Amends Section 362.0041, Transportation Code, as follows:

Sec. 362.0041.  CONVERSION OF PROJECTS.  (a) Authorizes TTC, except as
provided in Subsection (d), to convert, by order, a segment of the free
state highway system to a toll facility if it determines that the
conversion will improve overall mobility in the region or is the most
feasible and economic means to accomplish necessary improvements to that
segment, or to another segment, of the state highway system. Deletes text
referring to TTC making a determination about a highway conversion, to
necessary expansions or extensions, and to Chapter 361 (Texas Turnpike
Authority). 

(b) No changes to this subsection.

(c) Makes nonsubstantive changes.

(d)  Prohibits TTC from converting the Queen Isabella Causeway in Cameron
County to a toll facility, rather than turnpike project. 

(e) Provides that Chapter 361G (Use of Turnpike Projects) applies to a
highway converted to a toll facility under this section. 

(f) Requires toll revenue collected under this section to be deposited in
the state highway fund and authorizes it to be used by TxDOT for any
function performed by TxDOT, or to fund any air quality project. 

(g) Defines "air quality project."

SECTION 3.  Amends Section 366.035, Transportation Code, as follows:

Sec. 366.035.  CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.  (a)
Authorizes TTC to convey a non-tolled state highway or segment of a
non-tolled state highway, including any real property acquired to
construct or operate the highway, to an authority for operation and
maintenance as a turnpike project under this chapter under certain
circumstances.  Deletes text referring to a conversion of a segment of the
free highway system to a turnpike project. 

(b) Creates this subsection from existing text.  Deletes the specification
of a segment of highway. 

(c) Makes a conforming change and deletes the original Subsection (b).

(d) Requires TTC, at the time of a conveyance, rather than transfer, to
remove the highway from the state highway system.  Makes conforming
changes and redesignates this subsection from Subsection (c). 

 (e) Makes conforming changes and redesignates this subsection from
Subsection (d). 

(f)  Authorizes a regional tollway authority to use toll revenue collected
under this section to fund a transportation project or an air quality
project. 

(g) Makes a conforming change and redesignates this subsection from
Subsection (e). 
 
(h) Redesignates this subsection from Subsection (f).

(i) Redesignates this subsection from Subsection (g).

(j)  Defines "air quality project" and "transportation project."

SECTION 4.  Effective date:  upon passage or September 1, 2003.