By: Krusee H.B. No. 2702
A BILL TO BE ENTITLED
AN ACT
relating to the construction, acquisition, financing, maintenance,
management, operation, ownership, and control of rail and highway
transportation facilities in this state and to the operation of
pocket bikes and minimotorbikes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 91.004, Transportation Code, is amended
to read as follows:
Sec. 91.004. GENERAL POWERS. (a) The department may:
(1) plan and make policies for the location,
construction, maintenance, and operation of a rail facility or
system in this state;
(2) acquire, finance, construct, maintain, and
subject to Section 91.005, operate a passenger or freight rail
facility, individually or as one or more systems;
(3) for the purpose of acquiring or financing a rail
facility or system, accept a grant or loan from a:
(A) department or agency of the United States;
(B) department, agency, or political subdivision
of this state; or
(C) public or private person;
(4) contract with a public or private person to
finance, construct, maintain, or operate a rail facility under this
chapter; or
(5) perform any act necessary to the full exercise of
the department's powers under this chapter.
(b) Except as provided by Subsection (c), money
appropriated or allocated by the United States for the construction
and maintenance in this state of rail facilities owned by any public
or private entity shall be administered by the commission and may be
spent only under the supervision of the department.
(c) Subsection (b) does not apply to money appropriated or
allocated:
(1) for a fixed rail guideway system constructed by a
transit authority described by Chapter 451, a transportation
authority described by Chapter 452 or 460, or a transit department
described by Chapter 453; or
(2) for use by:
(A) a port authority or navigation district
created or operating under Section 52, Article III, or Section 59,
Article XVI, Texas Constitution; or
(B) a district created under Chapter 623, Acts of
the 67th Legislature, Regular Session, 1981 (Article 6550c,
Vernon's Texas Civil Statutes).
SECTION 2. Section 91.051, Transportation Code, is amended
to read as follows:
Sec. 91.051. AWARDING OF CONTRACTS. Except for a contract
entered into under Section 91.052, 91.054, or 91.102 [Unless
otherwise provided by this subchapter], a contract made by the
department for the financing, design, construction, maintenance,
or operation of a rail facility must be let by a competitive bidding
procedure in which the contract is awarded to the lowest
responsible bidder that complies with the department's criteria.
SECTION 3. Subchapter C, Chapter 91, Transportation Code,
is amended by adding Section 91.054 to read as follows:
Sec. 91.054. COMPREHENSIVE DEVELOPMENT AGREEMENTS. (a) To
the extent and in the manner that the department may enter into a
comprehensive development agreement under Chapter 361 with regard
to a turnpike project, the department may enter into a
comprehensive development agreement under this chapter that
provides for the financing, design, acquisition, construction,
maintenance, or operation of a rail facility or system. All
provisions of Chapter 361 relating to comprehensive development
agreements for turnpike projects apply to comprehensive
development agreements for facilities under this chapter,
including provisions relating to the confidentiality of
information. Claims arising under a comprehensive development
agreement are subject to Section 201.112.
(b) The department may combine in a comprehensive
development agreement under this chapter a rail facility or system
and a turnpike project as defined by Section 361.001.
SECTION 4. Section 91.074(c), Transportation Code, is
amended to read as follows:
(c) The department may contract with a person for the use of
all or part of a rail facility or system or may lease or sell all or
part of a rail facility or system, including all or any part of the
right-of-way adjoining trackwork, for any purpose, including
placing on the adjoining right-of-way a storage or transfer
facility, warehouse, garage, parking facility, telecommunication
line or facility, restaurant, or gas station. Any portion of a rail
facility or system that is used or leased by a private person under
this subsection for a commercial purpose is not exempt from ad
valorem taxation and is subject to local zoning regulations and
building standards.
SECTION 5. Section 201.903, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) Each department sign on Interstate Highway 35 that
identifies an intersection of that highway and U.S. Highway 57 and
includes the words "Eagle Pass" must also contain the words
"Crystal City."
SECTION 6. Subchapter K, Chapter 201, Transportation Code,
is amended by adding Section 201.907 to read as follows:
Sec. 201.907. CONTRACT FOR ENFORCEMENT. The department or
a public or private entity contracted to operate a toll project may
contract with an agency of this state or a local governmental entity
for the services of peace officers employed by the agency or entity
to enforce laws related to:
(1) the regulation and control of vehicular traffic on
a state highway; and
(2) the payment of the proper toll on a toll project.
SECTION 7. Section 201.943, Transportation Code, is amended
by adding Subsection (l) to read as follows:
(l) Obligations may not be issued if the commission or the
department requires that toll roads be included in a regional
mobility plan in order for a local authority to receive an
allocation from the fund, except that bond proceeds deposited in
the fund and other money in the fund may be spent in the eight
metropolitan areas, as identified in the department's
transportation strategic plan and uniform transportation plan,
regardless of whether the regional mobility plan includes toll
roads.
SECTION 8. Section 202.112, Transportation Code, is amended
by adding Subsection (d) to read as follows:
(d) An option to acquire property purchased under this
section or Section 227.041 may not expire later than the 10th
anniversary of the date the option was purchased and may be renewed
for subsequent periods that expire not later than the 10th
anniversary of the date the option was renewed, by agreement of the
commission and the grantor of the option or the grantor's heirs or
assigns.
SECTION 9. The heading to Section 203.004, Transportation
Code, is amended to read as follows:
Sec. 203.004. [CONTRACTS FOR MANAGEMENT OF PROPERTY USED
FOR] MITIGATION OF ADVERSE ENVIRONMENTAL IMPACTS.
SECTION 10. Section 203.004, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (a-1) to
read as follows:
(a) If authorized by an applicable regulatory authority, to
mitigate an adverse environmental impact that is a direct result of
a state highway improvement project, the [The] department may:
(1) pay a fee to an appropriate public agency or
private entity in lieu of acquiring or agreeing to manage property;
(2) transfer real property to an appropriate public
agency or private entity, with or without monetary consideration,
if the property is used or is proposed to be used for mitigation
purposes; or
(3) contract with any public or private entity for the
management of property owned by the department and used for [the]
mitigation purposes [of an adverse environmental impact directly
resulting from the construction or maintenance of a state highway].
(a-1) Before the commission may acquire by purchase or
condemnation real property to mitigate an adverse environmental
impact that is a direct result of a state highway improvement
project, the department shall, if authorized by an applicable
regulatory authority, offer to purchase a conservation easement
from the owner of the real property. If the landowner does not
accept the offer to execute a conservation easement before the 61st
day after the date the offer is made, the department may acquire the
property by purchase or condemnation.
SECTION 11. Section 203.0521, Transportation Code, is
amended to read as follows:
Sec. 203.0521. ACQUISITION OF REMAINDER. (a) If a
proposed acquisition of a tract of real property under Section
203.052 would leave the owner of the property a remainder of the
tract, the department may negotiate for and purchase the remainder
or any part of a severed tract if the department and the owner agree
on terms for the purchase. Except as provided by Subsection (f),
the department [commission] shall offer to purchase a [the]
remainder if the department [commission] determines that:
(1) the remainder has little or no value or utility to
the owner; or
(2) the entire tract could be acquired for
substantially the same compensation as the partial tract.
(b) In acquiring a tract of real property under Section
203.051, if the acquisition severs an owner's real property, the
department shall pay:
(1) the value of the property acquired; and
(2) the damages to the remainder of the owner's
property caused by the severance, including damages caused by the
inaccessibility of one tract from the other [The department may
acquire the remainder under this section only if the owner of the
property consents to the acquisition of the remainder].
(c) Instead of a single fixed payment for real property
purchased under Subsection (a) for a toll project, the department
may agree to a payment to the owner in the form of:
(1) an intangible legal right to receive a percentage
of identified revenue attributable to the applicable segment of the
toll project; or
(2) a right to use, without charge, a segment or part
of the toll project [The department is not required to make an offer
on a remainder if an appraisal or environmental investigation
indicates the presence of hazardous materials or substances].
(d) A right to receive revenue under Subsection (c)(1) is
subject to any pledge of the revenue under the terms of a trust
agreement securing bonds issued for the applicable segment of the
toll project.
(e) The department and its designated agents may enter the
real property [a remainder] to conduct an appraisal, survey, or
environmental investigation to determine whether the department
will offer to acquire the real property [remainder].
(f) The department is not required to make an offer on a
remainder under Subsection (a) if an appraisal or environmental
investigation indicates the presence of hazardous materials or
substances.
SECTION 12. Section 203.092, Transportation Code, is
amended as follows:
Sec. 203.092. REIMBURSEMENT FOR RELOCATION OF UTILITY
FACILITIES. (a) A utility shall make a relocation of a utility
facility at the expense of this state if:
(1) relocation of the utility facility is required by
improvement of a highway in this state established by appropriate
authority as part of the National System of Interstate and Defense
Highways and the relocation is eligible for federal participation;
[or]
(2) relocation of the utility facility is required by
improvement of any segment of the state highway system and the
utility has a compensable property interest in the land occupied by
the facility to be relocated; or
(3) relocation of the utility facility is required by
any improvement, extension, or expansion of the state highway
system that has been designated or is converted to a toll project,
rail facility, turnpike project, or system as defined in any title
under this code, if the relocation was begun not later than one year
before the date of the designation or conversion.
(b) By agreement with the utility the department may
relocate the utility facility in accordance with this section.
(c) Subsection (a) includes a relocation for an extension of
a highway in an urban area.
(d) The cost of relocation includes the entire amount paid
by the utility properly attributable to the relocation less:
(1) any increase in the value of the new facility;
(2) the salvage value derived from the old facility;
and
(3) any other deduction established by regulations for
federal cost participation.
(e) To the extent any public utility was not reimbursed
previously for the relocation, removal, or adjustment of public
utility facilities on, across, or along the toll project, rail
facility, turnpike project, or system as provided in Subsection
(a), any entity to which the project, facility, or system is to be
transferred shall reimburse the public utility. This subsection
applies only to a relocation, removal, or adjustment that was begun
one year before the date of the transfer.
SECTION 13. Sections 223.041(b), (c), and (d),
Transportation Code, are amended to read as follows:
(b) The department, in setting a minimum level of
expenditures in these engineering-related activities that will be
paid to the private sector providers, shall provide that [index the
level of expenditures from the amount set by rider in the General
Appropriations Act enacted by the 75th Legislature at its regular
session in 1997, expressed as a percentage of the total funds
appropriated in Strategy A.1.1. Plan/Design/Manage.
[(c) Beginning in fiscal year 2000, the department shall
increase its expenditures to private sector providers for
engineering-related services at least one percentage point per year
until] the expenditure level for a state fiscal year in all
strategies paid to private sector providers for all department
engineering-related services for transportation projects is not
less than [reaches a minimum of] 35 percent of the total funds
appropriated in Strategy A.1.1. Plan/Design/Manage and Strategy
A.1.2. of the General Appropriations Act for that state fiscal
biennium. The department shall attempt to make expenditures for
engineering-related services with private sector providers under
this subsection with historically underutilized businesses, as
defined by Section 2161.001, Government Code, in an amount
consistent with the applicable provisions of the Government Code,
any applicable state disparity study, and in accordance with the
good-faith-effort procedures outlined in the rules adopted by the
Texas Building and Procurement [General Services] Commission.
[(d) The commission shall provide for hearings at which
private sector complaints relating to the selection process are
heard.]
SECTION 14. Subchapter A, Chapter 227, Transportation Code,
is amended by adding Section 227.004 to read as follows:
Sec. 227.004. REPORTS. (a) The department shall
periodically prepare reports detailing:
(1) the reasons for the immediate and future needs for
each mode of transportation in each segment of a Trans-Texas
Corridor project; and
(2) the reasonableness and necessity for each mode of
transportation in each segment of a Trans-Texas Corridor project in
the report.
(b) Not later than the seventh day before the date the
department submits a Tier 1 environmental impact statement and not
later than the 90th day before the department submits a Tier 2
environmental impact statement to the federal government for any
segment of a Trans-Texas Corridor route, the department shall:
(1) post the most recent applicable report required by
Subsection (a) on the department's Internet website; and
(2) provide a copy of the report to each state senator
or representative who represents all or part of the area in which
the segment of the route is located and the commissioners court of
each county in which the segment of the route is located.
SECTION 15. Section 227.021, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) The department may not limit the public's direct access
to or from the Trans-Texas Corridor with the intent to benefit the
economic viability of an ancillary facility.
SECTION 16. Section 227.023, Transportation Code, is
amended by adding Subsection (d) to read as follows:
(d) If the department contracts with a private entity for
the collection of a fee for the use of a facility or a combination of
facilities that are part 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:
(A) any charge to be imposed as a penalty for late
payment of the fee;
(B) any charge to be imposed to recover the cost
of collecting a delinquent fee; and
(C) the methodology for increasing the amount of
the fee; and
(2) any proposed change in an approved plan for
collecting the fee.
SECTION 17. Section 227.028(a), Transportation Code, is
amended to read as follows:
(a) Subject to Section 203.004(a-1), the [The] department
may acquire, maintain, hold, restore, enhance, develop, or
redevelop property for the purpose of mitigating a past, present,
or future adverse environmental effect arising from the
construction or operation of any part of the Trans-Texas Corridor
without regard to whether the need for mitigation is established
for a particular project.
SECTION 18. Section 227.029(b), Transportation Code, is
amended to read as follows:
(b) If the department finds it necessary to change the
location of a portion of a facility, it shall reconstruct the
facility at a [the] location that the department determines
restores the utility of the facility [to be most favorable]. The
reconstructed facility must be of substantially the same type and
in as good condition as the original facility. The department shall
determine and pay the cost of the reconstruction and any damage
incurred in changing the location of a facility.
SECTION 19. 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. HIGHWAYS INTERSECTING TRANS-TEXAS CORRIDOR.
(a) The department shall ensure that, at each intersection of a
segment of a state highway that is designated as part of the
Trans-Texas Corridor and a segment of a highway that is designated
as an interstate highway, state highway, or United States highway,
the Trans-Texas Corridor and the interstate highway, state highway,
or United States highway are directly accessible to each other.
(b) The department shall make every reasonable effort to
connect a segment of a state highway that is designated as part of
the Trans-Texas Corridor with significant farm-to-market and
ranch-to-market roads and major county and city arterials included
in the locally adopted long-range transportation plan as determined
by the department, taking into consideration:
(1) financial feasibility;
(2) advice solicited from:
(A) county commissioners courts;
(B) governing bodies of municipalities; and
(C) metropolitan planning organizations;
(3) circuity of travel for landowners;
(4) access for emergency vehicles; and
(5) traffic volume.
Sec. 227.033. GROUNDWATER. (a) After receipt of an offer
to construct a facility for the transportation of groundwater from
the county in which the groundwater is pumped or extracted, but not
later than the 90th calendar day before entering into a lease
agreement, license agreement, or franchise agreement for the use of
any part of the Trans-Texas Corridor for that purpose, the
department shall provide written notice of the offer to:
(1) each groundwater conservation district,
subsidence district, or other local water authority having
territory in the county in which the groundwater is pumped or
extracted; and
(2) the commissioners court of the county in which the
groundwater is pumped or extracted.
(b) The department may not pump or extract, or allow the
pumping or extracting, of groundwater from the right-of-way of the
Trans-Texas Corridor unless the groundwater is needed for the
construction, operation, or maintenance of a facility other than a
public utility facility. If a well drilled and operated on the
Trans-Texas Corridor is located inside the boundaries of a
groundwater conservation district, the well is subject to the rules
of the district.
Sec. 227.034. PROHIBITION AGAINST LIMITING CONSTRUCTION OF
TRANSPORTATION PROJECTS. (a) 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 highway or other
transportation project that is:
(1) included in the unified transportation program of
the department;
(2) a project of a local government; or
(3) constructed or operated for the safety of
pedestrian or vehicular traffic.
(b) In this section, "transportation project" has the
meaning assigned by Section 370.003.
SECTION 20. Section 227.041, Transportation Code, is
amended by amending Subsection (b) and adding Subsections (d) and
(e) 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 or is needed for mitigation of
adverse environmental effects, and if its acquisition will further
the primary purposes of the Trans-Texas Corridor. Primary purposes
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.
(d) The commission may not condemn property contiguous to an
existing or planned segment of the Trans-Texas Corridor for an
ancillary facility.
(e) If the commission acquires property not immediately
needed for department purposes, the department is encouraged to
acquire an option to purchase the property under Subsection (a) or
to lease back purchased land under Section 227.043 to continue the
agricultural or recreational use of the property.
SECTION 21. Subchapter D, Chapter 227, Transportation Code,
is amended by adding Section 227.0415 to read as follows:
Sec. 227.0415. DEVELOPMENT RIGHTS. (a) In connection with
the acquisition of property located in an existing or planned
segment of the Trans-Texas Corridor for the purpose of providing a
location for an ancillary facility, the owner of the property to be
acquired may elect to retain the right to develop the property in
accordance with the department's development plans. If more than
one person owns an interest in the property, the election under this
subsection must be made by unanimous written consent of all persons
who own an interest in the property.
(b) If the owner does not develop the property within the
time period set out in the department's development plans, the
department may acquire the development rights for the property by
purchase or condemnation.
(c) Property that is developed by the owner under this
section is not exempt from ad valorem taxation and is subject to
local zoning regulations and building standards.
SECTION 22. Subchapter D, Chapter 227, Transportation Code,
is amended by adding Sections 227.047 and 227.048 to read as
follows:
Sec. 227.047. ACQUISITION OF REMAINDER. (a) If a proposed
acquisition of a tract of real property under Section 227.041 would
leave the owner of the property a remainder of the tract, the
department may negotiate for and purchase the remainder or any part
of a severed tract if the department and the owner agree on terms
for the purchase. Except as provided by Subsection (d), the
department shall offer to purchase a remainder if the department
determines that:
(1) the remainder has little or no value or utility to
the owner; or
(2) the entire tract could be acquired for
substantially the same compensation as the partial tract.
(b) In acquiring a tract of real property under Section
227.041, if the acquisition severs an owner's real property, the
department shall pay:
(1) the value of the property acquired; and
(2) the damages to the remainder of the owner's
property caused by the severance, including damages caused by the
loss of reasonable access between portions of a bisected tract.
(c) The department and its designated agents may enter the
real property to conduct an appraisal, survey, or environmental
investigation to determine whether the department will offer to
acquire the real property.
(d) The department is not required under Subsection (a) to
make an offer on a remainder if an appraisal or environmental
investigation indicates the presence of hazardous materials or
substances.
(e) If the department acquires a tract that severs an
owner's property, the department may allow the owner to build, in
compliance with federal law, an alternative access between the
severed tracts below the tract acquired by the department. An owner
must obtain department approval of the design specifications of the
alternative access.
Sec. 227.048. LOSS OF ACCESS. If a portion of a tract or
parcel of real property is acquired under this subchapter, the
department shall pay for loss of reasonable access to or from the
remaining property in determining the damage to the property owner.
SECTION 23. Section 227.082, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) The department may lease property or grant a franchise
or license under this section only if each agreement has been
approved by the commissioners court of the county in which the
property, facility, or other part of the Trans-Texas Corridor is
located. This subsection does not apply to a lease of property or a
grant of a franchise or license to a private entity for the purpose
of operating a highway, turnpike, rail facility, or utility
facility under a comprehensive development agreement.
SECTION 24. Section 284.009, Transportation Code, as added
by Chapters 953 and 1325, Acts of the 78th Legislature, Regular
Session, 2003, is reenacted and amended to read as follows:
Sec. 284.009. CONVERSION AND TRANSFER [CONVEYANCE] OF STATE
HIGHWAY TO COUNTY [OR TOLL ROAD AUTHORITY]. (a) The commission may
transfer [convey] a nontoll state highway or a segment of a nontoll
state highway, including real property acquired to construct or
operate the highway, to [(i)] a county [or a toll road authority in
the county in which the state highway or segment is located, or (ii)
a county or toll road authority in a county adjacent to the county
in which the highway or segment is located if the county or toll
road authority in the county in which the segment or highway is
located approves the conveyance,] for the purpose of converting the
highway to a toll facility to be operated and maintained [operation
and maintenance] as a project under this chapter, if:
(1) the commission determines that the proposed
transfer [conveyance] will improve overall mobility in the region
or is the most feasible and economic means of accomplishing
necessary improvements to the highway;
(2) any funds paid by the department for the
construction, maintenance, and operation of the transferred
[conveyed] highway are repaid to the department; and
(3) the county [or toll road authority] agrees to
assume all liability and responsibility for the maintenance and
operation of the transferred [conveyed] highway on its transfer
[conveyance].
(b) A county [or toll road authority] that receives a
nontoll state highway or a segment of a nontoll state highway under
Subsection (a) may own, operate, and maintain the highway as a
pooled project under Section 284.065. [The commission may only
make a conveyance under this section if the commission determines
that the conveyance is the most feasible and economic means to
accomplish necessary expansions, extensions, or improvements of
the conveyed segment of the highway. Tolls may not be collected by
an authority from a conveyed segment of highway except to finance
the expansion, extension, operation, and maintenance of that
highway segment.]
(c) The commission shall, at the time of a transfer
[conveyance], remove the highway or segment of highway from the
state highway system. After a transfer [conveyance], the
department has no liability, responsibility, or duty for the
maintenance or operation of the highway or segment.
(d) The commission may waive all or a portion of an amount
due under Subsection (a)(2) if it finds that the transfer
[conveyance] will result in substantial net benefits to the state,
the department, and the traveling public that equal or exceed the
amount of payment waived.
(e) Before transferring [conveying] a nontoll state highway
or a segment of a nontoll state highway under this section, the
commission shall conduct a public hearing to receive comments from
interested persons concerning the proposed transfer [conveyance].
Notice of the hearing shall be published in the Texas Register and
in one or more newspapers of general circulation in any county in
which the highway or segment is located.
(f) A county [or toll road authority] may use toll revenue
collected from a highway or segment of highway transferred under
this section or from a highway or segment of highway described by
Subsection (j) to fund a transportation project or an air quality
project.
(g) The commission shall adopt rules implementing this
section, including criteria and guidelines for approval of a
transfer [conveyance] of a highway or segment.
(h) In this section:
(1) "Air quality project" means a project or program
of a county[, toll road authority,] or another governmental entity
that the county or other governmental entity [toll road authority]
determines will mitigate or prevent air pollution caused by the
construction, maintenance, or use of public roads within the
county.
(2) "Transportation project" means the construction,
improvement, maintenance, or operation of a transportation
facility:
(A) under the jurisdiction of a county, toll road
authority, or another governmental entity;
(B) located inside or outside the county or area
served by the toll road authority; and
(C) that the county or toll road authority
determines will improve mobility within the county or area served
by the toll road authority.
(i) Funds received by the department under this section:
(1) shall be deposited to the credit of the state
highway fund; and
(2) are exempt from the application of Section
403.095, Government Code.
(j) The requirements of this section do not apply to a
highway or segment:
(1) that the commission by order designated as a toll
project before the contract to construct the highway or segment was
awarded, regardless of whether the highway or segment is operated
without tolls for a period before toll collection operations begin;
(2) that was designated as a toll project in a plan or
program of a metropolitan planning organization on or before May 1,
2005;
(3) that is reconstructed so that the number of
nontolled lanes on the highway or segment is greater than or equal
to the number in existence before the reconstruction;
(4) to which an adjacent facility is constructed with
a number of nontolled lanes that, when combined with the number of
nontolled lanes on the converted highway or segment, is greater
than or equal to the number in existence on the converted highway or
segment before the conversion; or
(5) that was open to traffic as a high-occupancy
vehicle lane on May 1, 2005. [This section applies only to a
nontoll state highway or a segment of a nontoll state highway that
is conveyed for purposes of creating an outer loop or connecting to
an outer loop located primarily in a county having a population of
more than three million or an adjacent county.]
SECTION 25. Subchapter A, Chapter 361, Transportation Code,
is amended by adding Sections 361.005 and 361.006 to read as
follows:
Sec. 361.005. REVENUE OF TURNPIKE PROJECT. Except as
provided by Subchapter E, toll revenue or other revenue derived
from a turnpike project that is collected or received by the
department under this chapter and any payment received by the
department under a comprehensive development agreement for a
turnpike project:
(1) shall be deposited in the state highway fund; and
(2) is exempt from the application of Section 403.095,
Government Code.
Sec. 361.006. USE OF CONTRACT PAYMENTS. Payments received
by the department under a comprehensive development agreement may
be used by the department to finance the construction, maintenance,
or operation of a transportation project or air quality project in
the region.
SECTION 26. Section 361.137(c), Transportation Code, is
amended to read as follows:
(c) The department may not file a declaration of taking
before the completion of:
(1) all environmental documentation, including a
final environmental impact statement or a record of decision, that
is required by federal or state law;
(2) all public hearings and meetings, including those
held in connection with the environmental process and under
Sections 201.604 and 203.021, that are required by federal or state
law; [and]
(3) all notifications required by Section 203.022; and
(4) if the property contains a business, farm, or
ranch, a written notification to the property owner that the
occupants:
(A) will not be required to move before the 90th
day after the date of the notice; and
(B) will receive, not later than the 30th day
before the date by which the property must be vacated, a written
notice specifying the date by which the property must be vacated.
SECTION 27. Section 361.179(f), Transportation Code, is
amended to read as follows:
(f) The revenue and disbursements for each turnpike project
shall be kept separately. The revenue from one turnpike project may
not be used to pay the cost of another project except as authorized
by Sections [Section] 361.189 and 361.006.
SECTION 28. Subchapter F, Chapter 361, Transportation Code,
is amended by adding Section 361.237 to read as follows:
Sec. 361.237. OPERATION OF TURNPIKE PROJECT. The
department may enter into an agreement with one or more persons to
provide, on terms approved by the department, personnel, equipment,
systems, facilities, and services necessary to operate a turnpike
project, including the operation of toll plazas and lanes and
customer service centers and the collection of tolls.
SECTION 29. The heading to Section 361.255, Transportation
Code, is amended to read as follows:
Sec. 361.255. ELECTRONIC TOLL COLLECTION [USE AND RETURN OF
TRANSPONDERS].
SECTION 30. Section 361.255, Transportation Code, is
amended by adding Subsections (c), (d), (e), and (f) to read as
follows:
(c) The department may enter into an agreement with one or
more persons to market and sell transponders for use on department
toll roads.
(d) The department may charge reasonable fees for
administering electronic toll collection customer accounts.
(e) A contract for the acquisition, construction,
maintenance, or operation of a toll project must ensure the
confidentiality of all electronic toll collection customer account
information, including contact and payment information and trip
data.
(f) Electronic toll collection customer account
information, including contact and payment information and trip
data, is confidential and not subject to disclosure under Chapter
552, Government Code.
SECTION 31. Section 361.302, Transportation Code, is
amended by adding Subsection (f) to read as follows:
(f) The department may combine in a comprehensive
development agreement under this chapter a turnpike project and a
rail facility as defined by Section 91.001.
SECTION 32. Section 361.3022, Transportation Code, is
amended by adding Subsections (e-1) and (e-2) and amending
Subsections (f), (i), and (j) to read as follows:
(e-1) Notwithstanding the requirements of this section, the
department may prequalify a private entity to submit a detailed
proposal to provide services under a design-build contract. The
department is not required to publish a request under Subsection
(c) for a design-build contract, and may enter into a design-build
contract based solely on an evaluation of detailed proposals
submitted in response to a request under Subsection (f) by
prequalified private entities. The commission shall adopt rules
establishing criteria for the prequalification of a private entity
that include the precertification requirements applicable to
providers of engineering services and the qualification
requirements for bidders on highway construction contracts. Rules
for design-build projects adopted pursuant to this subsection shall
also provide for an expedited selection process less costly to
proposers, reasonable bonding requirements, appropriate sharing of
risks, and incentives for proposers to develop innovative ideas.
(e-2) In this section, "design-build contract" means a
comprehensive development agreement that includes the design and
construction of a turnpike project, does not include the financing
of a turnpike project, and may include the acquisition,
maintenance, or operation of a turnpike project.
(f) The department shall issue a request for detailed
proposals from all private entities qualified under Subsection (e)
or (e-1) if the department proceeds with the further evaluation of a
proposed project. A request under this subsection may require
additional information relating to:
(1) the private entity's qualifications and
demonstrated technical competence;
(2) the feasibility of developing the project as
proposed;
(3) detailed engineering or architectural designs;
(4) the private entity's ability to meet schedules;
(5) costing methodology; or
(6) any other information the department considers
relevant or necessary.
(i) The department may enter into negotiations
[discussions] with the private entity whose proposal offers the
apparent best value for the purpose of establishing the final terms
of a comprehensive development agreement. [The discussions shall
be limited to:
[(1) incorporation of aspects of other proposals for
the purpose of achieving the overall best value for the department;
[(2) clarifications and minor adjustments in
scheduling, cash flow, and similar items; and
[(3) matters that have arisen since the submission of
the proposal.]
(j) If at any point in negotiations [discussions] under
Subsection (i)[,] it appears to the department that the highest
ranking proposal will not provide the department with the overall
best value, the department may enter into negotiations
[discussions] with the private entity submitting the next-highest
ranking proposal.
SECTION 33. Section 361.305(a), Transportation Code, is
amended to read as follows:
(a) The department shall negotiate the terms of private
participation in a turnpike project, including:
(1) methods to determine the applicable cost, profit,
and project distribution between the private equity investors and
the department;
(2) subject to Section 227.023(d), reasonable methods
to determine and classify toll rates;
(3) acceptable safety and policing standards; and
(4) other applicable professional, consulting,
construction, operation, and maintenance standards, expenses, and
costs.
SECTION 34. Section 362.0041, Transportation Code, is
transferred to Chapter 361, Transportation Code, designated as
Subchapter K, and amended to read as follows:
SUBCHAPTER K. CONVERSION OF NONTOLLED HIGHWAY
Sec. 361.401 [362.0041]. COMMISSION DETERMINATION
[CONVERSION OF PROJECTS]. The [(a) Except as provided in
Subsections (d) and (g), the] commission may by order convert a
nontolled state highway or a segment of a nontolled state highway
[the free state highway system] to a turnpike project [toll
facility] if the commission:
(1) [it] determines that the conversion will improve
overall mobility in the region or is the most feasible and economic
means to accomplish necessary expansion, improvements, or
extensions to that segment of the state highway system; and
(2) obtains county and voter approval as required by
Section 361.406.
Sec. 361.402. APPLICABILITY OF SUBCHAPTER. The
requirements of this subchapter do not apply to a highway or
segment:
(1) that the commission by order designated as a toll
project before the contract to construct the highway or segment was
awarded, regardless of whether the highway or segment is operated
without tolls for a period before toll collection operations begin;
(2) that was designated as a toll project in a plan or
program of a metropolitan planning organization on or before May 1,
2005;
(3) that is reconstructed so that the number of
nontolled lanes on the highway or segment is greater than or equal
to the number in existence before the reconstruction;
(4) to which an adjacent facility is constructed with
a number of nontolled lanes that, when combined with the number of
nontolled lanes on the converted highway or segment, is greater
than or equal to the number in existence on the converted highway or
segment before the conversion; or
(5) that was open to traffic as a high-occupancy
vehicle lane on May 1, 2005.
Sec. 361.403. PUBLIC HEARING. [(b)] Prior to converting a
state highway or a segment of a [the] state highway [system] under
this subchapter [section], the commission shall conduct a public
hearing for the purpose of receiving comments from interested
persons concerning the proposed conversion [transfer]. Notice of
the hearing shall be published in the Texas Register, one or more
newspapers of general circulation, and a newspaper, if any,
published in the county or counties in which the involved highway is
located.
Sec. 361.404. RULES. [(c)] The commission shall adopt
rules implementing this subchapter [section], including criteria
and guidelines for the approval of a conversion of a highway.
Sec. 361.405. QUEEN ISABELLA CAUSEWAY. [(d)] The
commission may not convert the Queen Isabella Causeway in Cameron
County to a turnpike project [toll facility].
Sec. 361.406. COUNTY AND VOTER APPROVAL. [(e) Subchapter
G, Chapter 361, applies to a highway converted to a toll facility
under this section.
[(f) Toll revenue collected under this section:
[(1) shall be deposited in the state highway fund;
[(2) may be used by the department to finance the
improvement, extension, expansion, or operation of the converted
segment of highway and may not be collected except for those
purposes; and
[(3) is exempt from the application of Section
403.095, Government Code.
[(g)] The commission may only convert a state highway or a
segment of a [the] state highway [system] under this subchapter
[section] if the conversion is approved by:
(1) the commissioners court of each county within
which the highway or segment is located; and
(2) the qualified voters who vote in an election under
Section 361.407 and who reside in the limits of:
(A) a county if any part of the highway or segment
to be converted is located in an unincorporated area of the county;
or
(B) a municipality in which the highway or
segment to be converted is wholly located.
Sec. 361.407. ELECTION TO APPROVE CONVERSION. (a) If
notified by the department of the proposed conversion of a highway
or segment under this subchapter, the governing body of a county or
municipality shall order an election for the approval of the
conversion.
(b) A governing body that orders an election shall publish
notice of the election in a newspaper of general circulation
published in the county or municipality at least once each week for
three consecutive weeks, with the first publication occurring at
least 21 days before the date of the election.
(c) The proposition submitted in the election must
distinctly describe the highway or segment proposed to be converted
and the limits of that highway or segment.
(d) At an election ordered under this section, the ballot
shall be printed to permit voting for or against the proposition:
"The conversion of (highway) from (beginning location) to (ending
location) to a toll project."
(e) A proposed conversion is approved only if it is approved
by a majority of the votes cast.
(f) A notice of the election and a certified copy of the
order canvassing the election results shall be sent to the
commission.
(g) The election shall be held on the first uniform election
date under Section 41.001, Election Code, on which the county or
municipality is holding another election that occurs on or after
the 62nd day after the date the election is ordered.
SECTION 35. Section 366.035, Transportation Code, is
amended by amending Subsection (a) and adding Subsections (h) and
(i) to read as follows:
(a) Except as provided under Subsections [Subsection] (g)
and (h), if the commission determines that the most feasible and
economic means to accomplish necessary expansion, improvements, or
extensions to the state highway system is the conversion to a
turnpike project of a nontolled segment of the [free] state highway
system, any segment located in a county of an authority or a county
in which an authority operates a turnpike project or in any county
adjacent to those counties may, on approval of the governor and the
affected authority, be transferred by order of the commission to
that authority. An authority that receives the segment of highway
may own, operate, and maintain the segment as a turnpike project or
system or a part of a turnpike project or system under this chapter.
(h) The commission may transfer a segment of the state
highway system to an authority under this section only if the
transfer is approved by the commissioners court of each county in
which the segment of highway to be transferred is located.
(i) The requirements of this section do not apply to a
segment of the state highway system:
(1) that the commission by order designated as a toll
project before the contract to construct the highway or segment was
awarded, regardless of whether the project is operated without
tolls for a period before toll collection operations begin;
(2) that was designated as a toll project in a plan or
program of a metropolitan planning organization on or before May 1,
2005;
(3) that is reconstructed so that the number of
nontolled lanes on the segment of highway is greater than or equal
to the number in existence before the reconstruction;
(4) to which an adjacent facility is constructed with
a number of nontolled lanes that, when combined with the number of
nontolled lanes on the converted segment of highway, is greater
than or equal to the number in existence on the converted highway or
segment before the conversion; or
(5) that was open to traffic as a high-occupancy
vehicle lane on May 1, 2005.
SECTION 36. Section 370.035, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (i) to
read as follows:
(a) The commission by order may transfer [convert] a
nontolled segment of the [free] state highway system [to a turnpike
project and transfer that segment] to an authority for the purpose
of converting the segment to a turnpike project, or may transfer an
existing toll [turnpike] project that is part of the state highway
system, whether previously tolled or not, to an authority if:
(1) the commission determines that the proposed
transfer is an integral part of the region's overall plan to improve
mobility in the region;
(2) the commission determines that the public has a
reasonable alternative route on nontoll roads;
(3) the authority agrees to assume all liability and
responsibility for the maintenance and operation of the turnpike
project on its transfer; [and]
(4) the transfer is approved by the governor; and
(5) in the case of a nontolled segment of the state
highway system, the transfer is approved by the commissioners court
of each county in which the segment of highway to be transferred is
located.
(i) The requirements of this section do not apply to a
nontolled segment of the state highway system:
(1) that the commission by order designated as a toll
project before the contract to construct the segment of highway was
awarded, regardless of whether the segment is operated without
tolls for a period before toll collection operations begin;
(2) that was designated as a toll project in a plan or
program of a metropolitan planning organization on or before May 1,
2005;
(3) that is reconstructed so that the number of
nontolled lanes on the segment of highway is greater than or equal
to the number in existence before the reconstruction;
(4) to which an adjacent facility is constructed with
a number of nontolled lanes that, when combined with the number of
nontolled lanes on the converted segment of highway, is greater
than or equal to the number in existence on the converted segment of
highway before the conversion; or
(5) that was open to traffic as a high-occupancy
vehicle lane on May 1, 2005.
SECTION 37. Subchapter D, Chapter 502, Transportation Code,
is amended by adding Section 502.1515 to read as follows:
Sec. 502.1515. OUTSOURCING PRODUCTION OF RENEWAL NOTICES;
PAID ADVERTISING. The commission may authorize the department to
enter into a contract with a private vendor to produce and
distribute motor vehicle registration renewal notices. The
contract may provide for the inclusion of paid advertising in the
registration renewal notice packet.
SECTION 38. The heading to Section 542.203, Transportation
Code, is amended to read as follows:
Sec. 542.203. LIMITATIONS [LIMITATION] ON LOCAL
AUTHORITIES.
SECTION 39. Section 542.203, Transportation Code, is
amended by adding Subsections (d) and (e) to read as follows:
(d) A local authority may not implement or operate a
photographic traffic signal enforcement system with respect to a
highway under its jurisdiction. The attorney general shall enforce
this subsection.
(e) In this section, "photographic traffic signal
enforcement system" means a system that:
(1) consists of a camera system and vehicle sensor
installed to exclusively work in conjunction with an electrically
operated traffic-control signal;
(2) is capable of producing one or more recorded
photographic or digital images that depict the license plate
attached to the front or the rear of a motor vehicle that is not
operated in compliance with the instructions of the traffic-control
signal; and
(3) is designed to enforce compliance with the
instructions of the traffic-control signal by imposition of a civil
or administrative penalty against the owner of the motor vehicle.
SECTION 40. Section 551.301, Transportation Code, is
amended by amending Subdivision (2) and adding Subdivision (3) to
read as follows:
(2) "Motor assisted scooter":
(A) means a self-propelled device with:
(i) [(A)] at least two wheels in contact
with the ground during operation;
(ii) [(B)] a braking system capable of
stopping the device under typical operating conditions;
(iii) [(C)] a gas or electric motor not
exceeding 40 cubic centimeters;
(iv) [(D)] a deck designed to allow a
person to stand or sit while operating the device; and
(v) [(E)] the ability to be propelled by
human power alone; and
(B) does not include a pocket bike or
minimotorbike.
(3) "Pocket bike or minimotorbike" means a
self-propelled vehicle that is equipped with an electric motor or
internal combustion engine having a piston displacement of less
than 50 cubic centimeters, is designed to propel itself with not
more than two wheels in contact with the ground, has a seat or
saddle for the use of the operator, is not designed for use on a
highway, and is ineligible for a certificate of title under Chapter
501. The term does not include:
(A) a moped or motorcycle;
(B) an electric bicycle or motor-driven cycle, as
defined by Section 541.201;
(C) a motorized mobility device, as defined by
Section 542.009;
(D) an electric personal assistive mobility
device, as defined by Section 551.201; or
(E) a neighborhood electric vehicle.
SECTION 41. Subchapter D, Chapter 551, Transportation Code,
is amended by adding Section 551.304 to read as follows:
Sec. 551.304. APPLICATION OF SUBCHAPTER TO POCKET BIKE OR
MINIMOTORBIKE. This subchapter may not be construed to authorize
the operation of a pocket bike or minimotorbike on any:
(1) highway, road, or street;
(2) path set aside for the exclusive operation of
bicycles; or
(3) sidewalk.
SECTION 42. Section 11.11, Tax Code, is amended by adding
Subsection (j) to read as follows:
(j) For purposes of this section, any portion of a facility
owned by the Texas Department of Transportation that is part of the
Trans-Texas Corridor, is a rail facility or system, or is a highway
in the state highway system, and that is licensed or leased to a
private entity by that department under Chapter 91, 227, or 361,
Transportation Code, is public property used for a public purpose
if the rail facility or system, highway, or facility is operated by
the private entity to provide transportation or utility services.
Any part of a facility, rail facility or system, or state highway
that is licensed or leased to a private entity for a commercial
purpose is not exempt from taxation.
SECTION 43. Section 25.06, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) This section does not apply to:
(1) any portion of a facility owned by the Texas
Department of Transportation that is part of the Trans-Texas
Corridor, is a rail facility or system, or is a highway in the state
highway system and that is licensed or leased to a private entity by
that department under Chapter 91, 227, or 361, Transportation Code;
or
(2) a leasehold or other possessory interest granted
by the Texas Department of Transportation in a facility owned by
that department that is part of the Trans-Texas Corridor, is a rail
facility or system, or is a highway in the state highway system.
SECTION 44. Section 25.07, Tax Code, is amended by adding
Subsection (c) to read as follows:
(c) Subsection (a) does not apply to:
(1) any portion of a facility owned by the Texas
Department of Transportation that is part of the Trans-Texas
Corridor, is a rail facility or system, or is a highway in the state
highway system and that is licensed or leased to a private entity by
that department under Chapter 91, 227, or 361, Transportation Code;
or
(2) a leasehold or other possessory interest granted
by the Texas Department of Transportation in a facility owned by
that department that is part of the Trans-Texas Corridor, is a rail
facility or system, or is a highway in the state highway system.
SECTION 45. Section 21.021, Property Code, is amended by
amending Subsection (a) and adding Subsection (e) to read as
follows:
(a) After the special commissioners have made an award in a
condemnation proceeding, except as provided by Subsection (c) [of
this section], the condemnor may take possession of the condemned
property pending the results of further litigation if the
condemnor:
(1) pays to the property owner the amount of damages
and costs awarded by the special commissioners or deposits that
amount of money with the court subject to the order of the property
owner;
(2) deposits with the court either the amount of money
awarded by the special commissioners as damages or a surety bond in
the same amount issued by a surety company qualified to do business
in this state, conditioned to secure the payment of an award of
damages by the court in excess of the award of the special
commissioners; [and]
(3) executes a bond that has two or more good and
solvent sureties approved by the judge of the court in which the
proceeding is pending and conditioned to secure the payment of
additional costs that may be awarded to the property owner by the
trial court or on appeal; and
(4) obtains from the court a writ of possession or
other order entitling the condemnor to possession of the condemned
property.
(e) Subsection (a)(4) does not apply to a condemnation by
the Texas Department of Transportation.
SECTION 46. Sections 91.071(b), 227.062(c)-(g), 361.180,
370.163(b), and 542.202(b)(3), Transportation Code, are repealed.
SECTION 47. REGIONAL TRANSIT SYSTEM REVIEW COMMITTEE. (a)
In this section, "region" means the region formed by two contiguous
counties each containing a municipality having a population of at
least 530,000 and the counties adjacent to one or both of those
counties.
(b) The Regional Transit System Review Committee is created
to conduct public hearings regarding, and study the implications
of, implementing regional transit service in the region.
(c) The committee consists of:
(1) each member of the legislature who represents a
district that contains territory in the region;
(2) each mayor of a municipality in the region;
(3) each county judge and commissioner in the region;
and
(4) the executive director of each transportation
authority in the region.
(d) In conducting hearings and studies the committee shall:
(1) examine whether a seamless system of transit
systems should be offered throughout the region;
(2) examine whether there should be a mechanism for
additional counties to participate in the regional transit system;
and
(3) perform a review of funding and financing options.
(e) The initial meeting of the committee shall take place
before September 30, 2005. At the initial meeting the committee
shall adopt rules governing the committee and establish a work plan
and schedule for future meetings.
(f) The committee may accept gifts, grants, technical
support, or any other resources from any source to carry out the
functions of the committee.
(g) Not later than September 1, 2006, the committee shall
issue a report summarizing:
(1) hearings conducted by the committee;
(2) studies conducted by the committee;
(3) any legislation proposed by the committee; and
(4) any other findings or recommendations of the
committee.
(h) This section expires September 1, 2007.
SECTION 48. (a) The Texas Department of Transportation
shall conduct a study to determine how to maximize the use of
highway rights-of-way by public utilities. The department shall
submit a written report of its findings to the appropriate
legislative committees not later than December 31, 2006.
(b) This section expires January 1, 2007.
SECTION 49. Section 21.021(a), Property Code, as amended by
this Act, applies only to a condemnation proceeding the petition
for which is filed on or after the effective date of this Act. A
condemnation proceeding the petition for which is filed before the
effective date of this Act is governed by the law in effect at the
time the petition was filed, and that law is continued in effect for
that purpose.
SECTION 50. 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.