79R8588 T
By: Seaman H.B. No. 2075
A BILL TO BE ENTITLED
AN ACT
relating to ferries.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
PART 1. GENERAL PROVISIONS
SECTION 1. Amend Chapter 284, Section 284.001, Texas
Transportation Code, to read as follows:
CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES,
FERRIES, AND HIGHWAYS IN CERTAIN COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 284.001. DEFINITIONS. In this chapter:
(1) "Bond instrument" means a bond trust indenture and
a bond resolution.
(2) "Bond resolution" means an order or resolution of
a commissioners court authorizing the issuance of bonds.
(3) "Project" means a causeway, bridge, tunnel,
turnpike, highway, ferry, or any combination of those facilities,
including:
(A) a necessary overpass, underpass,
interchange, entrance plaza, toll house, service station,
approach, fixture, and accessory and necessary equipment;
(B) necessary administration, storage, and other
buildings; and
(C) all property rights, easements, and related
interests acquired.
SECTION 2. Amend Section 284.003, Texas Transportation
Code, to read as follows:
Sec. 284.003. PROJECT AUTHORIZED; CONSTRUCTION,
OPERATION, AND COST. A county, acting through the commissioners
court of the county, or a local government corporation, without
state approval, supervision, or regulation may:
(1) construct, acquire, improve, operate, maintain,
or pool a project located:
(A) exclusively in the county;
(B) in the county and outside the county; or
(C) in one or more counties adjacent to the
county;
(2) issue tax bonds, revenue bonds, or combination tax
and revenue bonds to pay the cost of the construction, acquisition,
or improvement of a project;
(3) impose tolls or charges as otherwise authorized by
this chapter; or
(4) construct a bridge, or a ferry, over or across a
deep water navigation channel if the bridge or ferry does not hinder
maritime transportation.
SECTION 3. Amend Subchapter A, Texas Transportation Code,
to by adding Section 284.0091 as follows:
Sec. 284.0091. CONVEYANCE OF FERRY CONNECTING STATE
HIGHWAYS TO A COUNTY OR LOCAL GOVERNMENT CORPORATION. (a) The
commission by order may convey a ferry operated under Section
342.001 to county or local government corporation created under
Chapter 431 in a county to which this Chapter applies if:
(1) the commission determines that the proposed
conveyance is an integral part of the region's overall plan to
improve mobility in the region; and
(2) the county or local government corporation:
(A) agrees to the conveyance; and
(B) agrees to assume all liability and
responsibility for the maintenance and operation of the ferry upon
its conveyance.
(b) A county or local government corporation shall
reimburse the commission for the cost of a conveyed ferry unless the
commission determines that the conveyance will result in a
substantial net benefit to the state, the department, and the
traveling public that equals or exceeds that cost.
(c) In computing the cost of the ferry, the commission
shall:
(1) include the total amount spent by the department
for the original construction of the ferry, including the costs
associated with the preliminary engineering and design engineering
for plans, specifications, and estimates, the acquisition of
necessary rights-of-way, and actual construction of the ferry and
all necessary appurtenant facilities; and
(2) consider the anticipated future costs of
expanding, improving, maintaining, or operating the ferry to be
incurred by the county or local government corporation and not by
the department if the ferry is conveyed.
(d) The commission shall, at the time the ferry is conveyed,
remove the ferry from the state highway system. After a conveyance,
the commission has no liability, responsibility, or duty for the
maintenance or operation of the ferry.
(e) Before conveying a ferry that is a part of the state
highway system under this section, the commission shall conduct a
public hearing at which interested persons shall be allowed to
speak on the proposed conveyance. Notice of the hearing must be
published in the Texas Register, and one or more newspapers of
general circulation in the county in which the ferry is located.
(f) The commission shall adopt rules to implement this
section. The rules must include criteria and guidelines for the
approval of a conveyance of a ferry.
(g) A county or local government corporation shall
establish criteria and guidelines for approval of the transfer of a
ferry under this section.
(h) A county or local government corporation may
temporarily charge a toll for use of a ferry transferred under this
section to pay the costs necessary for an expansion of the ferry and
may permanently charge a toll for use of ferry facilities that are
an expansion of the ferry transferred under this section.
(i) The commission may not convey a ferry under this section
if the ferry is located in a municipality with a population of 8,000
or less unless the city council of the municipality approves the
transfer.
SECTION 4. IMMEDIATE EFFECTIVE DATE. 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.