79R12477 JTS-F


By:  Krusee                                                       H.B. No. 2655

Substitute the following for H.B. No. 2655:                                   

By:  Phillips                                                 C.S.H.B. No. 2655


A BILL TO BE ENTITLED
AN ACT
relating to regional mobility authorities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 370.003(14), Transportation Code, is amended to read as follows: (14) "Transportation project" means: (A) a turnpike project; (B) a system; (C) a passenger or freight rail facility, including: (i) tracks; (ii) a rail line; (iii) switching, signaling, or other operating equipment; (iv) a depot; (v) a locomotive; (vi) rolling stock; (vii) a maintenance facility; and (viii) other real and personal property associated with a rail operation; (D) a roadway with a functional classification greater than a local road or rural minor collector; (E) a ferry; (F) an airport, other than an airport that on September 1, 2005, was served by one or more air carriers engaged in scheduled interstate air transportation, as those terms were defined by 14 C.F.R. Section 1.1 on that date; (G) a pedestrian or bicycle facility; (H) an intermodal hub; (I) an automated conveyor belt for the movement of freight; (J) a border crossing inspection station; (K) an air quality improvement initiative; (L) a public utility facility; and (M) if applicable, projects and programs listed in the most recently approved state implementation plan for the area covered by the authority, including an early action compact. SECTION 2. Section 370.177(i), Transportation Code, is amended to read as follows: (i) In the prosecution of an offense under this section, proof that the vehicle passed through a toll collection facility without payment of the proper toll together with proof that the defendant was the registered owner or the driver of the vehicle when the failure to pay occurred, establishes the nonpayment of the registered owner. The proof may be by testimony of a peace officer or authority employee, video surveillance, or any other reasonable evidence, including evidence obtained by automated enforcement technology that the authority determines is necessary, including automated enforcement technology described by Sections 361.256(a) and (b). SECTION 3. Section 370.178, Transportation Code, is amended by adding Subsection (d) to read as follows: (d) Transponder customer account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552, Government Code. SECTION 4. Section 370.252, Transportation Code, is amended by adding Subsection (f) to read as follows: (f) In addition to the prohibitions and restrictions of this section, directors are subject to Chapter 171, Local Government Code. SECTION 5. Section 370.262(a), Transportation Code, is amended to read as follows: (a) Chapter 551, Government Code, does not prohibit any open or closed meeting of the board, a committee of the board, or the staff, or any combination of the board or staff, from being held by telephone conference call. The board may hold an open or closed meeting by telephone conference call subject to the requirements of Sections 551.125(c)-(f), Government Code, but is not subject to the requirements of Subsection (b) of that section. SECTION 6. Section 370.163(b), Transportation Code, is repealed. SECTION 7. This Act takes effect September 1, 2005.