By: Howard H.B. No. 3395
A BILL TO BE ENTITLED
AN ACT
relating to the planning, construction, and operation of toll road
projects by certain counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 284.001, Texas Transportation Code, is
amended by amending subsection (3) to read as follows:
(3) "Project" means a causeway, bridge, tunnel,
turnpike, highway, 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; and
(D) "Project" does not include an overpass,
underpass, or interchange with a road on the state highway system
unless that overpass, underpass, or interchange is designated by
order of the County as part of the Project.
SECTION 2. Section 284.008, Texas Transportation Code is
amended by amending subsection (c) and adding subsections (d), (e),
(f), (g), and (h) to read as follows:
(c) Except as provided in subsection (d), a project
becomes a part of the state highway system and the commission shall
maintain the project without tolls when:
(1) all of the bonds and interest on the bonds that are
payable from or secured by revenues of the project have been paid;
or
(2) a sufficient amount for the payment of all bonds and the
interest on the bonds to maturity has been set aside in a trust fund
held for the benefit of the bondholders.
(d) A county may request that the Commission designate
a Project under this chapter excluded from the State Highway
System. If the Commission concurs with the request, the Commission
shall adopt a minute order that states that the Project is excluded
from the State Highway System. Thereafter, the Project:
(1) is not subject to review or approval by the Department,
except for that part of the Project within the State's right-of-way
that connects to the State Highway System;
(2) must be maintained by the County; and
(3) does not become part of the State Highway System, except
as provided in subsection (e).
(e) A county may transfer to the department a toll road
project of that has outstanding bonded indebtedness if the
commission:
(1) agrees to the transfer; and
(2) agrees to assume the outstanding bonded indebtedness.
(f) The commission may assume the outstanding bonded
indebtedness only if the assumption:
(1) is not prohibited under the terms of an existing trust
agreement or indenture securing bonds or other obligations issued
by the commission for another project;
(2) does not prevent the commission from complying with
covenants of the commission under an existing trust agreement or
indenture; and
(3) does not cause a rating agency maintaining a rating on
outstanding obligations of the commission to lower the existing
rating.
(g) If the commission agrees to the transfer under
Subsection (e), the county shall convey the toll road project and
any real property acquired to construct or operate the toll road
project to the department.
(h) At the time of a conveyance under this section, the
commission shall designate the toll road project as part of the
state highway system. After the designation, the county has no
liability, responsibility, or duty to maintain or operate the
Project.
SECTION 3. Section 284.067, Transportation Code is amended
by amending subsection (3) to read as follows:
(c) [Each] Any county into which the project extends, by
condemnation or another method under general law, may acquire the
property necessary for the project, provided that a county may not
condemn property in another county until after the resolution
required by subsection (a) is adopted. The county issuing the bonds
may use the bond proceeds to acquire property necessary for the
project in any county into which the project extends.
SECTION 4: Section 284.066, Transportation Code is amended
by adding subsection (e) to the following:
(e) If the operating board is a local government
corporation, or if a local government corporation is acting
pursuant this Chapter then
(1) A director is entitled to receive fees of office of not
more than $150 a day for each day the director actually spends
performing the duties of a director. In this subsection,
"performing the duties of a director" means substantive performance
of the management or business of a project, including participation
in board and committee meetings and other activities involving the
substantive deliberation of business and in pertinent educational
programs related to a Project. The phrase does not include routine
or ministerial activities such as the execution of documents,
self-preparation for meetings, or other activities requiring a
minimal amount of time.
(2) An operating board or local government corporation, by
resolution of the board, shall set a limit on the fees of office
that a director may receive in a year, which amount may not exceed
$7,200.
(3) Each director is also entitled to receive reimbursement
of actual expenses reasonably and necessarily incurred while
engaging in activities on behalf of the operating board or local
government corporation.
(4) In order to receive fees of office and to receive
reimbursement for expenses, each director shall file with the
county or local government corporation a verified statement showing
the number of days actually spent in the service of the district and
a general description of the duties performed for each day of
service.
SECTION 5: Section 395.01, Transportation Code is amended
by amending subsection (a)(1) as follows:
Sec. 395.001. APPLICATION OF SUBCHAPTER. (a) This
subchapter applies only to:
(1) the governing body of a toll road authority in
which a county with a population of 2.4 million or more is located
or adjacent thereto; and
(2) an outdoor sign.
(b) Chapter 393 does not apply to the placement of a sign to
which this subchapter applies.
SECTION 6: Section 395.001, Transportation Code is amended
by amending subsection (a) as follows:
Sec. 395.051. APPLICATION OF SUBCHAPTER. (a) This
subchapter applies only to a county with a population of more than
3.3 million, or a county adjacent thereto.
(b) Chapter 393 does not apply to the placement of a panel or
sign to which this subchapter applies.
SECTION 7. 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.