BILL ANALYSIS

 

 

                                                                                                                                    C.S.H.B. 3189

                                                                                                                                         By: Gallego

                                                                                                                                     Transportation

                                                                                                        Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas Department of Transportation (TxDOT) owns the US portion of the Presidio International Bridge in Presidio, Texas.  CSHB 3189 will allow TxDOT to convey that ownership interest to the City of Presidio and Presidio County.  The City and the County have entered into an inter-local agreement for joint ownership.

 

The Mexican portion of the bridge has always charged tolls for entry from Mexico to the US.  The US portion of the bridge was constructed using US Federal Highway Administration funds.  Federal law prohibits charging tolls on roads constructed with Federal funds unless specifically authorized by Federal legislation.  Upon passage of CSHB 3189, the City and the County will pursue such Federal legislation that will allow the charging of tolls on the US portion of the bridge.   

 

There will be no limitation on the use of the revenues Presidio will receive by charging tolls on traffic from the US to Mexico.  The toll revenues collected will pay any obligations that are incurred as part of the process of obtaining ownership, pay for all on-going bridge operating and maintenance costs, and pay other costs related to the bridge, road, and toll booth required in order to collect tolls.  All remaining revenues would be used by the City and the County for the general welfare of the residents of the City and County of Presidio, including infrastructure improvements.

 

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

 

SECTION 1.  Subchapter B, Chapter 202, Transportation Code, is amended by adding Section 202.034 PRESIDIO INTERNATIONAL BRIDGE which holds that the department may sell or convey the part of the Presidio International Bridge owned by this state to the City of Presidio and Presidio County and that a sale or conveyance under this section must comply with all state and federal rules governing the transaction.

 

EFFECTIVE DATE

 

Upon passage, or, if the Act does not receive the necessary vote, the Act takes effect September 1, 2005.

 

COMPARISON OF ORIGINAL TO SUBSTITUTE

 

The introduced language was not a legislative council draft and amended Chapter 472, Transportation Code, by adding Subchapter E.  The committee substitute is a legislative council draft and amends  Subchapter B, Chapter 202, Transportation Code by adding Section 202.034 as stated above.  But, the language and goal is the same in both the introduced and substitute versions.