79R2514 JTS-D

By:  Kolkhorst                                                    H.B. No. 1273



A BILL TO BE ENTITLED

AN ACT

relating to the development of the Trans-Texas Corridor.                      
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 227.001(4), Transportation Code, is 
amended to read as follows:
		(4)  "Facility" means:                                                        
			(A)  a state highway;                                                        
			(B)  a turnpike;                                                             
			(C)  a freight or passenger railroad, including a 
commuter railroad, intercity railroad, and high-speed railroad;
			(D)  a public utility facility; or                                           
			(E)  any structure that is [reasonably] necessary 
for the effective operation of a method of transportation, 
including an intermodal transfer or staging area, weigh station, 
inspection station, rest area, [service station, restaurant,] 
train or bus station, warehouse, freight interchange, switching 
yard, maintenance yard, and pipeline pumping station.
	SECTION 2.  Subchapter C, Chapter 227, Transportation Code, 
is amended by adding Sections 227.032, 227.033, and 227.034 to read 
as follows:
	Sec. 227.032.  PROHIBITION AGAINST LIMITING CONSTRUCTION OF 
TRANSPORTATION PROJECTS.  A contract for the acquisition, 
construction, maintenance, or operation of a facility on the 
Trans-Texas Corridor may not contain a provision that limits or 
prohibits construction or operation of a facility by the United 
States, this state, or a political subdivision of this state.
	Sec. 227.033.  STATE HIGHWAYS AND FARM-TO-MARKET ROADS 
INTERSECTING CORRIDOR.  The department shall ensure that, at each 
intersection of a highway or turnpike of the Trans-Texas Corridor 
and a state highway or farm-to-market road:
		(1)  the highway or turnpike and the state highway or 
farm-to-market road are directly accessible to each other; and
		(2)  the state highway or farm-to-market road has 
uninterrupted service across the corridor.
	Sec. 227.034.  LIMITATION ON SIZE.  A right-of-way of a 
highway or turnpike on the Trans-Texas Corridor may not exceed 800 
feet in width.
	SECTION 3.  Section 227.041(b), Transportation Code, is 
amended to read as follows:
	(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 primary purposes of the Trans-Texas Corridor.  Primary 
purposes are purposes that further the transportation and utility 
functions of the Trans-Texas Corridor and include:
		(1)  providing right-of-way or a location for a 
facility;                   
		(2)  providing land for mitigation of adverse 
environmental effects;        
		(3)  providing buffer zones for scenic or safety 
purposes;                  
		(4)  allowing for possible future expansion of any 
facility; and            
		(5)  generating revenue, directly or indirectly, for 
use in constructing or operating the Trans-Texas Corridor [from or 
for ancillary facilities that directly benefit users of the 
Trans-Texas Corridor].
	SECTION 4.  Section 227.081, Transportation Code, is amended 
by adding Subsection (g) to read as follows:
	(g)  If the department contracts with a private entity for 
the collection of a fee for the use of the Trans-Texas Corridor, the 
private entity shall submit to the department for approval:
		(1)  a plan outlining methods the entity will use to 
collect the fee, including any charge to be imposed:
			(A)  as a penalty for late payment of the fee; or                     
			(B)  to recover the cost of collecting a 
delinquent fee; and        
		(2)  any change in the amount of a fee or to an approved 
plan for collecting the fee.
	SECTION 5.  Section 227.082, Transportation Code, is 
repealed.               
	SECTION 6.  Section 227.032, Transportation Code, as added 
by this Act, applies only to a contract that is entered into on or 
after the effective date of this Act. A contract entered into before 
the effective date of this Act is governed by the law applicable to 
the contract immediately before the effective date of this Act, and 
that law is continued in effect for that purpose.
	SECTION 7.  Section 227.034, Transportation Code, as added 
by this Act, applies only to a state highway construction project 
for which all or a part of the right-of-way has not been obtained on 
the effective date of this Act.
	SECTION 8.  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, 2005.