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78R7100 MTB-F

By:  Hill                                                         H.B. No. 2377



A BILL TO BE ENTITLED

AN ACT

relating to the transfer of property under the jurisdiction of the 
Texas Department of Transportation.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 201.103, Transportation Code, is amended 
to read as follows:
	Sec. 201.103.  COMPREHENSIVE SYSTEM OF HIGHWAYS AND ROADS.  
(a)  The commission shall plan and make policies for the location, 
construction, and maintenance of a comprehensive system of state 
highways and public roads.
	(b)  The commission shall designate as part of the state 
highway system a highway that it determines is necessary for the 
proper development and operation of the system. The commission may 
remove a segment of the state highway system that it determines is 
not needed for the system.  In planning and making policies, the 
commission shall consider, for incorporation into the state highway 
system, turnpikes that other governmental or private entities are 
authorized to construct.
	(c)  The commission biennially shall submit a report of its 
work to the governor and the legislature.  The report must include 
the recommendations of the commission and of the director.
	(d) [(b)]  The director, under the direction and with the 
approval of the commission, shall prepare a comprehensive plan 
providing a system of state highways.
	SECTION 2.  Section 202.021, Transportation Code, is amended 
to read as follows:
	Sec. 202.021.  REAL PROPERTY NO LONGER NEEDED.  (a)  The 
commission may recommend to the governor the sale or transfer of any 
interest in real property, including a highway right-of-way, that:
		(1)  was acquired for a highway purpose;  and                                 
		(2)  as determined by the commission, is no longer 
needed for that purpose. 
	(b)  A highway right-of-way [that is sold] shall be 
transferred or sold with the following priorities:
		(1)  to a governmental entity with the authority to 
condemn the property;
		(2)  to abutting or adjoining landowners; or                           
		(3) [(2)]  to the general public.                     
	(c)  The commission shall:                                              
		(1)  determine the fair value of the state's interest in 
the real property; and
		(2)  if the value is $10,000 or more, advise the 
governor of the value.
	(d)  The commission may waive payment for real property 
transferred to a governmental entity under this section if the 
estimated cost of future maintenance on the property equals or 
exceeds the fair value of the property.
	(e)  Any revenue [Revenue] from the sale of property under 
this subchapter shall be deposited to the credit of the state 
highway fund.
	(f) [(e)]  The governor may execute a deed conveying the 
state's interest in the property.
	(g)  If the commission determines that the fair value of the 
real property is less than $10,000, it may authorize the executive 
director to execute a deed conveying the state's interest in the 
property without a recommendation to the governor.
	SECTION 3.  Section 202.030(a), Transportation Code, is 
amended to read as follows:
	(a)  The attorney general must approve a transfer or 
conveyance that is made under this subchapter if the fair value of 
the real property transferred or conveyed is $10,000 or more.
	SECTION 4.  Subchapter B, Chapter 202, Transportation Code, 
is amended by adding Section 202.033 to read as follows:
	Sec. 202.033.  TRANSFER OF HISTORIC BRIDGE.  (a)  In this 
section, "historic bridge" means a bridge that is included on or 
eligible to be included on the National Register of Historic 
Places.
	(b)  The department may transfer ownership of a historic 
bridge scheduled for replacement to a governmental entity or a 
responsible private entity. The entity that accepts ownership of 
the bridge:
		(1)  assumes all legal and financial responsibility for 
the bridge; and
		(2)  must maintain and preserve the bridge and its 
historic features.
	(c)  The following laws do not apply to a transfer under this 
section:
		(1)  Chapter 2175, Government Code;                                    
		(2)  Section 202.030(a); and                                           
		(3)  Section 202.031.                                                  
	SECTION 5.  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.