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By:  Krusee                                                       H.B. No. 1198


A BILL TO BE ENTITLED
AN ACT
relating to the establishment, designation, construction, and operation of a system of multimodal facilities to be designated as the Trans Texas Corridor. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle B, Title 6, Transportation Code, is amended by adding Chapter 227 to read as follows:
CHAPTER 227. TRANS TEXAS CORRIDOR
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 227.001. SHORT TITLE. This chapter may be cited as the Trans Texas Corridor Act. Sec. 227.002. LEGISLATIVE INTENT AND CONSTRUCTION. (a) Transportation vitally affects the economy of this state and the public interest and welfare of its citizens. It is the policy of this state to exercise the full extent of its constitutional power to ensure the development of a new generation of facilities known as the Trans Texas Corridor. The Trans Texas Corridor will combine various facilities, including free highways, turnpikes, freight rail, passenger and commuter rail, pipelines, communications lines, and other utilities. These integrated corridors will enhance the safety of travelers, relieve congestion, and protect the human and natural environment by serving population centers without directing traffic into heavily populated areas. The Trans Texas Corridor will thus provide for the secure and reliable transportation of people, property, power, and information in ways that will benefit all citizens of this state. (b) The purpose of this chapter is to provide the commission and the department with all powers necessary or convenient to the construction and operation of the Trans Texas Corridor. These powers include the ability to use innovative financing and contracting tools to permit the expeditious construction of the Trans Texas Corridor with a high degree of flexibility and efficiency. (c) It is the intent of the legislature that in exercising these powers, the commission and the department will solicit and consider the views of all persons through an active program of public hearings, meetings, and opportunities for written comment on proposed courses of action. It is also the intent of the legislature that the commission and the department will encourage efficiency at all levels of private involvement by fostering a competitive environment that will challenge private enterprise, reward innovation, and achieve the best value for the state. (d) This chapter shall be liberally construed to achieve its purposes. Sec. 227.003. DEFINITIONS. In this chapter: (1) "Construction" includes extension, expansion, and improvement. (2) "Facility" means: (A) a state highway; (B) a turnpike; (C) freight or passenger rail, including commuter rail, intercity rail, and high-speed rail; (D) a pipeline, including a pipeline carrying crude oil, petroleum products, natural gas, water, sewage, chemicals, or other goods; (E) a utility transmission line, including power lines; (F) a communications line, including data transmission lines, telephone lines, telegraph lines, and television cables; (G) any other method of transporting people, property, power, or information that relies on or benefits from continuous fixed structures; or (H) any structure that is reasonably necessary for the effective operation of a method of transportation, such as an intermodal transfer or staging area, a weigh station, an inspection station, a rest area, a service station, a restaurant, a train or bus station, a warehouse, a freight interchange, a switching yard, a maintenance yard, and a pipeline pumping station. (3) "Fee" includes any charge, toll, rent, lease payment, user fee, franchise fee, percentage fee, license fee, fare, tariff, or other consideration received in return for the use of: (A) property that is part of the Trans Texas Corridor, (B) a facility on the Trans Texas Corridor, or (C) any service that is offered in connection with the Trans Texas Corridor. (4) "Operation" includes maintenance and repair. (5) "Trans Texas Corridor" means the statewide system of facilities designated by the commission under this chapter. (6) "Turnpike" has the meaning assigned to turnpike project in Section 361.001. Sec. 227.004. RULES. The commission may promulgate rules and the department may implement procedures and forms as necessary or convenient to implement this chapter. Sec. 227.005. APPLICABILITY OF OTHER LAW. (a) All laws governing the financing, design, construction, or operation of a state highway apply to the financing, construction, or operation of a highway under this chapter unless in conflict with this chapter. (b) All laws governing the financing, construction, or operation of a turnpike by the department apply to the financing, construction, or operation of a turnpike as part of the Trans Texas Corridor unless in conflict with this chapter.
SUBCHAPTER B. ESTABLISHMENT
Sec. 227.011. DESIGNATION. The commission shall designate the Trans Texas Corridor. Sec. 227.012. ROUTE SELECTION. The commission shall consider the following criteria when selecting a route for a segment of the Trans Texas Corridor: (1) current and projected traffic patterns; (2) the safety of motorists; (3) potential risks to non-motorists from spills or accidents of any kind; (4) environmental effects, including the effect on air quality; (5) current and projected economic development; (6) the current and projected need for additional transportation options; and (7) system connectivity. Sec. 227.013. PUBLIC PARTICIPATION. Before designating a route for a segment of the Trans Texas Corridor, the department shall hold one or more public hearings. Sec. 227.014. ESTABLISHMENT OF DISCRETE SYSTEMS. (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 facility as an expansion of a system if the commission determines that the 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. (b) The revenue of a system shall be accounted for separately and may not be commingled with the revenue of a facility that is not a part of the system. Sec. 227.015. LOCATION OF FACILITIES. Notwithstanding any other law, including Chapter 181, Utilities Code, Chapter 402, Local Government Code, and Section 49.220, Water Code, the department may specify the location of any facility on the Trans Texas Corridor and may direct the time and manner of construction or operation of any facility on the Trans Texas Corridor.
SUBCHAPTER C. DEVELOPMENT AND OPERATION
Sec. 227.021. AUTHORITY OF DEPARTMENT. (a) The department may construct and operate any facility as part of the Trans Texas Corridor or may authorize any governmental or private entity to construct or operate any facility that is part of the Trans Texas Corridor. (b) Subject to the provisions of Section 227.029, the department may grant or deny access by any facility or driveway to the Trans Texas Corridor. Sec. 227.022. PARTICIPATION BY OTHER ENTITIES. (a) Notwithstanding any other law, any tolled or non-tolled highway on the Trans Texas Corridor that is constructed or operated by another entity shall be part of the state highway system. This subsection applies even if the entity constructing or operating the highway is not independently authorized to construct or operate highways on the state highway system. (b) If the department authorizes another governmental entity to construct or operate any facility on the Trans Texas Corridor, that entity will have all the powers granted to the department by this chapter with respect to that facility, including the right to collect fees, except that any property acquired shall be held in the name of the state. (c) Notwithstanding any other law, if the department authorizes another governmental entity to construct or operate any facility on the Trans Texas Corridor, that entity may perform the authorized function without regard to geographic limits on the entity's jurisdiction. (d) If the department authorizes another governmental entity to construct or operate any facility on the Trans Texas Corridor, that entity will be liable for claims relating to the Trans Texas Corridor only to the extent that the department would be liable if it were constructing or operating the facility. Sec. 227.023. PARTICIPATION BY PRIVATE ENTITIES. (a) To the maximum extent practical and economical, the department shall encourage the participation of private entities in the construction and operation of facilities. (b) The department shall contract with a private entity to operate a railroad using facilities owned by the department and many not use department employees to operate a railroad. The department may maintain railroad facilities directly or through a private entity. (c) To remove any barriers to participation by small and disadvantaged businesses, the department shall apply the same procedures to exclusive development agreements that it applies to contracts entered under other construction and design contracts. The department shall encourage participation by small and disadvantaged businesses in the performance of exclusive development agreements. Sec. 227.024. HIGHWAYS. (a) A highway, including a turnpike, on the Trans Texas Corridor is a part of the state highway system. (b) Notwithstanding any other law, the department may dedicate one or more highway lanes on the Trans Texas Corridor to the exclusive use of designated classes of vehicles. Sec. 227.025. VEHICLE SIZE AND WEIGHT LIMITS. (a) The commission may authorize the operation of vehicles exceeding the height, length, and gross weight limitations of Subchapter C, Chapter 621 on highway segments of the Trans Texas Corridor if supported by an engineering and traffic study that includes an analysis of the structural capacity of bridges and pavements, current and projected traffic patterns and volume, and potential effects on public safety. (b) This section does not authorize the operation of vehicles exceeding the maximum axle weights authorized under Chapters 621, 622, and 623. (c) The authority granted under this section does not apply to the operation of a vehicle on a highway that is not part of the Trans Texas Corridor. Sec. 227.026. NON-HIGHWAY FACILITIES. (a) The department may acquire rolling stock or other personal property under a conditional sales contract, lease, equipment trust certificate, or any other form of contract or trust agreement for use in connection with a rail or other facility. (b) The department may enter into agreements with a rail operator, public utility, private utility, communications system, common carrier, transportation system, or other entity for the common use of any facility. Sec. 227.027. ENVIRONMENTAL REVIEW. (a) The department shall conduct or approve all environmental evaluations or studies required for any activity associated with the Trans Texas Corridor. (b) The commission may promulgate rules to allocate responsibilities for conducting environmental evaluations or studies or preparing environmental documentation among entities involved in the construction or operation of any facility on the Trans Texas Corridor. Sec. 227.028. ENVIRONMENTAL MITIGATION. (a) The department may acquire, maintain, hold, restore, enhance, develop, or redevelop property for the purpose of mitigating a past, present, or future adverse environmental effect arising from the construction or operation of any part of the Trans Texas Corridor without regard to whether the need for mitigation has already been established for a particular project. (b) The department may contract with a governmental or private entity to maintain, control, hold, restore, enhance, develop, or redevelop property for the mitigation of a past, present, or future adverse environmental effect arising from the construction or operation of any part of the Trans Texas Corridor without regard to whether the need for mitigation has already been established for a particular project. (c) If authorized by the applicable regulatory authority, the department may pay a sum of money to an appropriate governmental or private entity instead of acquiring or managing property for the mitigation of a past, present, or future adverse environmental effect arising from construction or operation of any part of the Trans Texas Corridor without regard to whether the need for mitigation has already been established for a particular project. Sec. 227.029. RELOCATION OF EXISTING FACILITIES. (a) The department may construct a grade separation at an intersection of the Trans Texas Corridor with another facility and may change the line or grade of a facility to accommodate it to the design of a grade separation. The department shall pay the cost of a grade separation and any damage incurred in changing a line or grade of a facility. (b) If the department finds it necessary to change the location of a portion of a facility, it shall reconstruct the facility at the location the department determines to be most favorable. The reconstructed facility must be of substantially the same type and in as good condition as the original facility. The department shall determine and pay the cost of the reconstruction and any damage incurred in changing the location of a facility. (c) This section does not apply to the conversion of any road that is a part of the state highway system to a highway on the Trans Texas Corridor. Sec. 227.030. AUTHORITY TO ENTER EXCLUSIVE DEVELOPMENT AGREEMENTS. (a) The department may enter an exclusive development agreement with a private or governmental entity to construct or operate any facility that is part of the Trans Texas Corridor. Notwithstanding any other law, including Section 222.103(i), an exclusive development agreement may include the functions of design, construction, and operation in any combination and may use any constitutionally permissible source of funds without restriction on the number of exclusive development agreements that the department may enter. (b) The facility may be financed in whole or in part by private investment. (c) Notwithstanding any other law, the department: (1) has broad discretion to negotiate the terms of financing; and (2) may negotiate provisions relating to professional and consulting services provided in connection with a project and to the construction and operation of the facility, including provisions for combining those services in any combination. Sec. 227.031. PROCESS FOR ENTERING EXCLUSIVE DEVELOPMENT AGREEMENTS. (a) The department, when entering an exclusive development agreement with a private entity, shall use a competitive procurement process that provides the best value for the state, including contracting through the issuance of requests for proposals. The department shall publish in the request for bids, proposals, or qualifications the criteria that will be used to evaluate the offerors and the relative weight given to the criteria. (b) The department may accept unsolicited proposals for proposed projects, but may not enter an exclusive development agreement unless it first issues a request for competing proposals. (c) The department may require that a solicited or unsolicited proposal be accompanied by a non-reimbursable fee sufficient to cover all or part of its cost to review the proposal. (d) The department may pay an unsuccessful private entity that submits a response to a request for proposals a stipulated amount of the final contract price for any costs incurred in preparing that proposal. The stipulated amount must be stated in the request for proposals and may not exceed the value of any work product contained in the proposal that can, as determined by the department, be used by the department in the performance of its functions. After payment of the stipulated amount, the department may make use of any work product contained in the proposal, including the technologies, techniques, methods, processes, and information contained in the project design. (e) The department shall prescribe the form of an exclusive development agreement and may include any matter the department considers advantageous to the state. (f) Subchapter A, Chapter 223, and Chapter 2254, Government Code, do not apply to an exclusive development agreement entered into under this section. Sec. 227.032. CONFIDENTIALITY OF NEGOTIATIONS FOR EXCLUSIVE DEVELOPMENT AGREEMENTS. Until a final contract is executed with respect to a proposed project, the following information is confidential, is not subject to disclosure, inspection, or copying under Chapter 552, Government Code, and is not subject to disclosure, discovery, subpoena, or other means of legal compulsion for its release: (1) all or any part of a proposal submitted by a private entity for an exclusive development agreement; (2) any supplemental information or materials submitted by a private entity in connection with a proposal for an exclusive development agreement; and (3) any information created or collected by the department or its agents during consideration of a proposal for an exclusive development agreement. Sec. 227.033. FORMS OF SECURITY FOR CONTRACTORS. (a) Notwithstanding any other law, including Section 223.006 and Subchapter B, Chapter 2253, Government Code, the department shall require a private entity entering into an exclusive development agreement or a construction or maintenance contract to provide performance and payment bonds or alternative forms of security in an amount sufficient to protect the department and ensure the proper performance of the agreement, and to protect payment bond beneficiaries who have a direct contractual relationship with the private entity or a subcontractor of the private entity to supply labor or material. (b) The performance and payment bonds or alternative forms of security shall be in an amount equal to the cost of constructing or maintaining the project unless the department determines that it is impractical for the private entity to provide security in that amount, in which case the department shall set the amount of the bonds or the alternative forms of security. A payment or performance bond or alternative form of security is not required for the portion of an agreement that includes only design or planning services, the performance of preliminary studies, or the acquisition of real property. In no case will the amount of the payment security be less than the amount of the performance security. (c) The department may require the following alternative forms of security: (1) a cashier's check drawn on a financial entity specified by the department; (2) United States bonds or notes; (3) irrevocable bank letter of credit; or (4) any other form of security determined suitable by the department. (d) The commission by rule shall prescribe requirements for alternative forms of security provided under this section. Sec. 227.034. UNAUTHORIZED USE. Notwithstanding any other law, the department may remove unauthorized personal property, including vehicles, from the Trans Texas Corridor without notice and at the owner's expense. Removed property may be stored until claimed by the owner. If removed property is not claimed by the owner within 72 hours after the date and time of removal, it shall be considered abandoned within the meaning of Chapter 683. The department and its employees shall not be held liable for damage to property that is removed from the Trans Texas Corridor under this chapter.
SUBCHAPTER D. RIGHT OF WAY ACQUISITION
Sec. 227.041. POWERS AND PROCEDURES. (a) The commission may acquire, in the name of the state, an interest in real property or a property right that may be necessary or convenient for the construction or operation of any facility that is part of the Trans Texas Corridor. The commission may acquire an interest in real property or a property right by condemnation or by purchase under any terms and conditions it considers proper. Property may be purchased for possible use as part of the Trans Texas Corridor even if a final decision has not been made that the Trans Texas Corridor will ultimately be located on that property. Property may be purchased along alternative potential routes for the Trans Texas Corridor even if only one of those potential routes will ultimately be chosen as the final route. (b) An interest in real property or a property right is necessary or convenient for the construction or operation of a facility if it is located in or contiguous to an existing or planned segment of the Trans Texas Corridor and if its acquisition will further the purposes of the Trans Texas Corridor. Permissible purposes include providing right of way or a location for a facility, providing land for mitigation of adverse environmental effects, providing buffer zones for scenic or safety purposes, allowing for possible future expansion of any facility, and generating revenue, directly or indirectly, for use in constructing or operating the Trans Texas Corridor. (c) All laws governing the acquisition of right of way for a state highway apply to the acquisition of right of way for the Trans Texas Corridor unless in conflict with this chapter. Sec. 227.042. RIGHT TO RECEIVE FEES AS PAYMENT FOR REAL PROPERTY. (a) Instead of paying for real property with a single fixed payment, the department may, with a landowner's consent, pay the landowner in the form of an intangible legal right to receive a percentage of identified fees related to the applicable segment of the Trans Texas Corridor. (b) A right to receive fees granted under this section shall expire no later than 50 years after it is granted. (c) A right to fees granted under this section shall be subordinate to any bonds that are issued for the applicable segment of the Trans Texas Corridor and that are secured by the same fees. Sec. 227.043. GRANT OF LEGAL RIGHTS AS PAYMENT FOR REAL PROPERTY. (a) Instead of paying for real property with a single fixed payment, the department may, with a landowner's consent, pay the landowner in the form of an exclusive or a nonexclusive right to use or operate a facility on the Trans Texas Corridor. (b) A right granted under this section shall expire no later than 50 years after it is granted. Sec. 227.044. PURCHASE AND LEASEBACK. The department may acquire real property for the Trans Texas Corridor and immediately lease it back to the seller for any period or for an indefinite period. Sec. 227.045. 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 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 identify 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 project on the Trans Texas Corridor. (d) 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. Sec. 227.046. POSSESSION OF PROPERTY. (a) Immediately on the filing of a declaration of taking, the department shall serve a copy of the declaration on each person possessing an interest in the condemned property by a method prescribed by Section 21.016(d), Property Code. The department shall file evidence of the service with the clerk of the court. On filing of that evidence, the department may take possession of the property pending further proceedings. (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). (c) A property owner or tenant who refuses to vacate the property or yield possession is subject to forcible entry and detainer under Chapter 24, Property Code. Sec. 227.047. RIGHT OF ENTRY. (a) The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or examination it determines necessary or appropriate for the purposes of this chapter. (b) An entry under this section is not: (1) a trespass; or (2) an entry under a pending condemnation proceeding. (c) The department shall make reimbursement for any actual damages to real property, water, or premises that result from an activity described by Subsection (a). Sec. 227.048. SEVERANCE OF REAL PROPERTY. (a) If the Trans Texas Corridor severs an owner's real property by dividing it into two or more noncontiguous parcels, 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 remainder of the severed real property or either part of the severed real property if the department and the owner agree on terms for the purchase. Sec. 227.049. DONATIONS. The department has the authority to accept donations of interests in real property from any person for use in connection with the Trans Texas Corridor. Notwithstanding any other law, including Chapter 575, Government Code, the commission may promulgate rules permitting the department to accept gifts of real property from any local, state, or federal governmental entity without formal acknowledgment by the commission. Sec. 227.050. OTHER GOVERNMENTAL ENTITIES. If the department authorizes another governmental entity to construct or operate any segment of or any facility on the Trans Texas Corridor, that entity will have all the powers and duties of the department under this subchapter.
SUBCHAPTER E. FINANCING
Sec. 227.061. PERMISSIBLE SOURCES OF FUNDING. To the full extent permitted by the constitution, the department may use any available source of funding in acquiring property for, constructing, and operating the Trans Texas Corridor. Permissible sources of funding include appropriations from the state highway fund for construction or maintenance of highways; fees; proceeds from bonds secured by fees; proceeds from bonds secured by the Texas Mobility Fund; donations, whether in kind or in cash; private investments; loans from the state infrastructure bank; contributions by governmental entities; and loans, grants, and reimbursements from the federal government. Sec. 227.062. REVENUE BONDS. (a) The commission may authorize the issuance of bonds to pay all or part of the cost of acquiring, constructing, or operating a facility or a system created under Section 227.014, or to refund any bonds previously issued for the facility or system. (b) Chapters 1201, 1202, 1204, 1207, and 1371, Government Code apply to bonds issued by the commission. To the extent there is a conflict between those laws and this chapter, the provisions of this chapter prevail. (c) The principal of, interest on, and any redemption premium on bonds issued by the commission may be paid from any source that is not dedicated to another purpose by the constitution, by statute, or by contract. (d) Bonds issued under this chapter do not constitute a debt of the state or a pledge of the faith and credit of the state. Each bond must contain on its face a statement to the effect that the state is not obligated to pay the bond or the interest on the bond from a source other than the amount pledged to pay the bond and the interest on the bond, and neither the faith and credit nor the taxing power of the state are pledged to the payment of the principal of or interest on the bond. (e) The commission may not incur financial obligations that cannot be paid from revenue derived from owning or operating a facility or system and from other revenue provided by law. (f) In issuing revenue bonds for which the proceeds will solely be used for a turnpike, the commission may exercise any additional powers granted under Subchapter E, Chapter 361. Sec. 227.063. LOANS. The department may borrow money from the federal government or the state infrastructure bank created under Subchapter D, Chapter 222, to fund the construction or operation of a facility under this chapter.
SUBCHAPTER F. REVENUE
Sec. 227.071. FEES. (a) Notwithstanding any other law, including Chapter 181, Utilities Code, Chapter 402, Local Government Code, and Section 49.220, Water Code, and except as provided in Subsection (e), the department may require any person, including any governmental or private entity, to pay a fee as a condition of using any part of the Trans Texas Corridor. (b) The commission may establish fees to be charged by the department under this chapter. Fees may be set as absolute amounts, as a percentage of revenue, as a percentage of actual use or throughput, as a designated portion or percentage of initial project funding, or on any other reasonable basis. Subject to approval of any tariff-regulating body having jurisdiction, the commission may establish joint fees and divisions of fees. (c) A fee may exceed the department's costs, but the commission may not set a fee that is prohibitive or that discriminates unreasonably among users or potential users of a facility. (d) In setting fees under this section, the commission shall consider: (1) the acquisition cost of the property being used; (2) the value of the property being transported or of the service being offered; (3) any costs to the department or to the public occasioned by the use, including environmental effects; (4) comparable fees set by the competitive marketplace; and (5) the desirable effects of full utilization of the Trans Texas Corridor on the state's economy and its citizens. (e) If a public road is replaced or eliminated by the Trans Texas Corridor and if any facility made use of the right of way of that public road under Chapter 181, Utilities Code, Chapter 402, Local Governmental Code, or Section 49.220, Water Code, the department may not require the owner of that facility to pay a fee as a condition of using a segment of the Trans Texas Corridor for a replacement facility. Sec. 227.072. LEASE OF PROPERTY OR RIGHTS. (a) The department may lease property on the Trans Texas Corridor to any governmental or private entity. A lease shall not be for a term longer than 50 years. (b) The department may grant a franchise right to use or operate a facility on the Trans Texas Corridor. A franchise right under this section may not be granted for a term longer than 50 years. (c) The department may grant an exclusive or a nonexclusive license to access and use any portion of the Trans Texas Corridor for any purpose. A license granted under this section may be for any period or for an indefinite period. (d) Property may be leased and franchise rights and licenses may be granted for any purpose, including use as a facility and use for unrelated commercial, industrial, or agricultural purposes. (e) In return for a lease, a franchise right, or a license, the department may accept anything of value as consideration. Permissible consideration includes cash payments, installment payments, payments based on percentages of use or throughput, interests in real estate, personal property, and intangible legal rights. Sec. 227.073. DISPOSITION OF FEES. To the extent that it is not dedicated to another purpose by the constitution, by statute, or by contract, all revenue received by the department under this chapter shall be deposited to the credit of the state highway fund and may be used for any purpose authorized by this chapter. Subchapter D, Chapter 316, Government Code, and Section 403.095, Government Code, do not apply to revenue received under this chapter. SECTION 2. Subchapter H, Chapter 545, Transportation Code, is amended by adding Section 545.3531 to read as follows: Sec. 545.3531. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION TO ESTABLISH SPEED LIMITS ON TRANS TEXAS CORRIDOR. (a) Notwithstanding Section 545.352, the Texas Transportation Commission, by order recorded in its minutes and except as provided in Subsection (d), may determine and declare on a highway segment of the Trans Texas Corridor designated under Chapter 227 a reasonable and safe prima facie speed limit in excess of a prima facie speed limit in Section 545.352. (b) In determining whether a prima facie speed limit is reasonable and safe, the commission shall conduct an engineering and traffic investigation and shall consider the width and condition of the pavement, the usual traffic at the affected area, the suitability of existing safety features, and other circumstances. (c) A prima facie speed limit that is declared by the commission under this section is effective when the department erects signs giving notice of the new limit. A new limit that is enacted under this section is effective at all times or at other times as determined. (d) The commission may not: (1) modify the rules established by Section 545.351(b); or (2) establish a speed limit of more than 85 miles per hour. (e) The commission, in conducting the engineering and traffic investigation specified by Subsection (b), shall follow the "Procedures for Establishing Speed Zones" as adopted by the commission. SECTION 3. 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 September 1, 2003.