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By: Hardcastle H.B. No. 3419
A BILL TO BE ENTITLED
AN ACT
relating to the Trans-Texas Corridor and other transportation
projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 91.034, Transportation Code, is amended
by adding subsection (d) to read as follows:
Section 91.034. ENVIRONMENTAL MITIGATION. (a) 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, maintenance, or operation of a rail facility without
regard to whether the need for mitigation has already been
established for a particular project.
(b) The department may contract with a governmental or
private entity to maintain, control, hold, restore, enhance,
develop, or redevelop property for the mitigation of a past,
present, or future adverse environmental effect arising from the
construction, maintenance, or operation of a rail facility without
regard to whether the need for mitigation has already been
established for a particular project.
(c) If authorized by the applicable regulatory authority,
the department may pay an amount of money to an appropriate
governmental or private entity instead of acquiring or managing
property for the mitigation of a past, present, or future adverse
environmental effect arising from construction, maintenance, or
operation of a rail facility without regard to whether the need for
mitigation has already been established for a particular project.
(d) If authorized by the applicable regulatory authority,
the department shall purchase a conservation easement from an owner
of real property instead of acquiring or condemning the property
for the mitigation of past, present, or future adverse
environmental effect arising from the construction, maintenance,
or operation of a rail facility without regard to whether the need
for mitigation has already been established for a particular
project.
SECTION 2. Section 91.095, Transportation Code, is amended
to read as follows:
Section 91.095. DISPOSAL OF PROPERTY. Subject to the
requirements of Section 202.034, the [The] department may sell,
convey, or otherwise dispose of any rights or other interests in
real property acquired under this subchapter that the commission
determines are no longer needed for department purposes.
SECTION 3. Subchapter B, Chapter 202, Transportation Code,
is amended by adding Section 202.034 to read as follows:
Sec. 202.034. RECONVEYANCE OF PROPERTY ACQUIRED FOR
TRANS-TEXAS CORRIDOR. (a) Property acquired under Chapters 91,
227, 361, or 370 Transportation Code that has not been utilized for
transportation purposes five years after the date the property is
acquired, may be reconveyed to the grantor or the grantor's heirs or
assigns.
(b) The sale price for the property must be the same as the
purchase price paid by or for the state.
(c) The commission, within 60 days after the five year
anniversary of the acquisition of the property, shall send notice
of the option to repurchase to grantor's last known address.
(d) Not later than the first anniversary of the date the
notice is mailed, the grantor, or the grantor's heirs or assigns may
request in writing that the state reconvey the property to them.
(e) If the commission does not receive a request to reconvey
the property before the expiration of the stated period, the
commission may dispose of the property in the manner provided by
Section 202.021.
SECTION 4. Section 202.113, Transportation Code, is amended
to read as follows:
Section 202.113. EXPIRATION OF OPTION TO PURCHASE. An
option to acquire property purchased under Section 202.112 shall
expire upon the fifth anniversary of the purchase date and may be
renewed for subsequent five year periods by agreement of the
commission and the grantor of the property or the grantor's heirs or
assigns [DISPOSAL OF SURPLUS PROPERTY. The commission shall
dispose of property acquired by advance acquisition that is not
needed for a transportation facility in the manner provided by
Subchapter B].
SECTION 5. Section 203.004, Transportation Code, is amended
by adding subsection (d) to read as follows:
Sec. 203.004. CONTRACTS FOR MANAGEMENT OF PROPERTY USED FOR
MITIGATION OF ADVERSE ENVIRONMENTAL IMPACTS. (a) The department
may contract with any public or private entity for the management of
property used for the mitigation of an adverse environmental impact
directly resulting from the construction or maintenance of a state
highway.
(b) A contract under this section is not subject to Chapter
771, Government Code.
(c) In this section, "management," in connection with
property, means administration, control, or maintenance that is
required by an agency of the United States.
(d) If authorized by the applicable regulatory authority,
the department shall purchase a conservation easement from an owner
of real property instead of acquiring or condemning the property
for the mitigation of past, present, or future adverse
environmental effect arising from construction or operation of a
state highway.
SECTION 6. Subchapter C, Chapter 203, Transportation Code
is amended by adding Section 203.035 to read as follows:
Sec. 203.035. SEVERANCE OF REAL PROPERTY. (a) If a
transportation project 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.
(b) The department may negotiate for and purchase the
severed real property or either part of the severed real property if
the department and the owner agree on terms for the purchase.
Instead of a single fixed payment for the real property, 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
project; or
(2) an exclusive or nonexclusive right to use or
operate a segment or part of the project.
(c) A right to a payment under Subsection (b)(1) is senior
to any pledge of the revenue under the term of a trust agreement
securing bonds issued for the project.
SECTION 7. Section 203.051, Transportation Code, is amended
to read as follows:
Section 203.051. ACQUISITION OF PROPERTY AUTHORIZED. (a)
The commission may acquire by purchase, on terms and conditions the
commission considers proper or by the exercise of eminent domain,
in the name of the state:
(1) an interest in real property;
(2) any property rights, including:
(A) a right of ingress or egress; and
(B) a reservation right in real property that
restricts or prohibits for not more than seven years the:
(i) addition of a new improvement on the
real property;
(ii) addition to or modification of an
existing improvement on the real property; or
(iii) subdivision of the real property; and
(3) timber, earth, stone, gravel, or other material.
(b) Chapter 21, Property Code, applies to an acquisition by
eminent domain.
(c) The department may condemn the fee or a lesser interest
in the property.
(d) The department shall, in a statement or petition in
condemnation, exclude from the interest to be condemned all the
water, oil, gas, and sulphur that can be removed from beneath the
real property. This exclusion shall be made without providing the
owner of the water, oil, gas, or sulphur any right of ingress or
egress to or from the surface of the land to explore, develop,
drill, or mine the real property.
(e) Subsection (a) does not authorize the commission to
condemn property that is used and dedicated for cemetery purposes
under Subtitle C, Title 8, Health and Safety Code.
SECTION 8. Section 227.022, Transportation Code, is amended
to read as follows:
Sec. 227.022. PARTICIPATION BY OTHER ENTITIES. (a) A toll
or non-toll highway on the Trans-Texas Corridor that is constructed
or operated by another entity shall be part of the state highway
system. This subsection applies even if the entity constructing or
operating the highway is not independently authorized to construct
or operate a highway that is part of the state highway system.
(b) If the department authorizes another governmental
entity to construct or operate a facility on the Trans-Texas
Corridor, that entity has each power of the department under this
chapter with respect to that facility, including the right to
collect fees, except that:
(1) any property acquired by the entity shall be held
in the name of the state; and
(2) the entity may not file a declaration of taking and
obtain early possession of real property, unless the entity is a
regional mobility authority under Chapter 370.
(c) If the department authorizes another governmental
entity to construct or operate a facility on the Trans-Texas
Corridor, that entity is liable for a claim relating to the
Trans-Texas Corridor only to the extent that the department would
be liable if it were constructing or operating the facility.
(d) A governmental entity or political subdivision may not
drill or operate a groundwater well, or lease the right to drill or
operate a groundwater well, on the Trans-Texas Corridor.
SECTION 9. Section 227.023, Transportation Code is amended
to read as follows:
Sec. 227.023. PARTICIPATION BY PRIVATE ENTITIES. (a) To
the maximum extent practical and economical, the department shall
encourage the participation of private entities in the planning,
design, construction, and operation of facilities.
(b) The department shall contract with a private entity to
operate a railroad using rail facilities owned by the department
and may not use department employees to operate a railroad. The
department may maintain a rail facility directly or through a
private entity.
(c) To the extent and in the manner that the department may
enter into comprehensive development agreements under Chapter 361
with regard to turnpikes, the department may enter into
comprehensive development agreements under this chapter with
regard to facilities on the Trans-Texas Corridor. All provisions
of Chapter 361 relating to comprehensive development agreements for
turnpikes 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.
(d) A private entity may not drill or operate a groundwater
well, or lease to right to drill or operate a groundwater well on
the Trans-Texas Corridor.
SECTION 10. Section 227.028, Transportation Code, is
amended to read as follows:
Sec. 227.028. ENVIRONMENTAL MITIGATION. (a) 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.
(b) The department may contract with a governmental or
private entity, to maintain, control, hold, restore, enhance,
develop, or redevelop property for the mitigation of 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 has already been
established for a particular project.
(c) If authorized by the applicable regulatory authority,
the department may pay a sum of money to an appropriate governmental
or private entity instead of acquiring or managing property for the
mitigation of a past, present, or future adverse environmental
effect arising from construction or operation of any part of the
Trans-Texas Corridor without regard to whether the need for
mitigation has already been established for a particular project.
(d) If authorized by the applicable regulatory authority,
the department shall purchase a conservation easement from an owner
of real property instead of acquiring or condemning the property
for the mitigation of past, present, or future adverse
environmental effect arising from construction or operation of any
part of the Trans-Texas Corridor without regard to whether the need
for mitigation has already been established for a particular
project.
SECTION 11. Section 227.042, Transportation Code is amended
to read as follows:
Sec. 227.042. CORRIDOR PARTICIPATION PAYMENT FOR REAL
PROPERTY. (a) The department, when acquiring real property under
this chapter, shall offer the owner of the real property the option
to receive as compensation:
(1) a single fixed payment,
(2) a corridor participation payment, or
(3) a combination of (a)(1) and (a)(2) [As an
alternative to paying for an interest in real property or a real
property right with a single fixed payment, the department may,
with the owner's consent, pay the owner by means of a corridor
participation payment].
(b) A right to receive a corridor participation payment
under this section is senior [subordinate] to any right to receive a
fee as payment on the principal of or interest on a bond that is
issued for the construction of the applicable segment of the
Trans-Texas Corridor.
(c) In this section, "corridor participation payment" means
an intangible legal right to receive a percentage of one or more
identified fees related to a segment of the Trans-Texas Corridor
for a fixed or indefinite term.
SECTION 12. Subchapter D, Chapter 227, Transportation Code
is amended by adding Section 227.0421 to read as follows:
Sec. 227.0421. COMPENSATION OR DAMAGES FOR ANCILLARY
FACILITIES. (a) If an ancillary facility is located on real
property acquired for the corridor, the entity acquiring the real
property under this chapter shall offer the owner of the real
property the following options for compensation:
(1) a single fixed payment; or
(2) an intangible legal right to receive a percentage
of identified lease revenue attributable to the ancillary facility
for a fixed or indefinite term; or
(3) a combination of (a)(1) and (a)(2).
(b) if an ancillary facility is located on real property
condemned for the corridor, the special commissioners shall offer
the owner of the real property the option of being compensated for
damages under Subsection (a)(1), (a)(2), or (a)(3).
(c) Notwithstanding Section 370.114, a right to receive a
payment under subsection (a)(2) is senior to any right to receive a
fee as payment on the principal of or interest on a bond that is
issued for the construction of the applicable segment of the
Trans-Texas Corridor.
SECTION 13. Subchapter D, Chapter 227, Transportation Code,
is amended by adding Sections 227.047 to read as follows:
Sec. 227.047. SEVERANCE OF REAL PROPERTY. (a) If a
Corridor project 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.
(b) The department may negotiate for and purchase the
severed real property or either part of the severed real property if
the department and the owner agree on terms for the purchase.
Instead of a single fixed payment for the real property, 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
Corridor; or
(2) an exclusive or nonexclusive right to use or
operate a segment or part of the Corridor project.
(c) A right to a payment under Subsection (b)(1) is senior
to any pledge of the revenue under the term of a trust agreement
securing bonds issued for the project.
SECTION 14. Section 361.132, Transportation Code, is
amended by adding Subsections (g) and (h) to read as follows:
Sec. 361.132. ACQUISITION OF PROPERTY. (a) The department
may acquire, in the name of the state, public or private real
property it determines necessary or convenient for the
construction, expansion, enlargement, extension, improvement, or
operation of a turnpike project or for otherwise carrying out this
chapter.
(b) The real property the department may acquire under this
subchapter includes:
(1) public parks, playgrounds, or reservations;
(2) parts of or rights in public parks, playgrounds,
or reservations;
(3) rights-of-way;
(4) property rights, including:
(A) a right of ingress or egress; and
(B) a reservation right in real property that
restricts or prohibits for not more than seven years the:
(i) addition of a new improvement on the
real property;
(ii) addition to or modification of an
existing improvement on the real property; or
(iii) subdivision of the real property;
(5) franchises;
(6) easements; and
(7) other interests in real property.
(c) The department may acquire the real property by any
method, including purchase and condemnation. The department may
purchase public or private real property on the terms and at the
price the department and the owner consider reasonable.
(d) Property necessary or convenient for the construction
or operation of a turnpike project under Subsection (a) includes an
interest in real property, a property right, or materials that the
department determines are necessary or convenient to:
(1) protect a turnpike project;
(2) drain a turnpike project;
(3) divert a stream, river, or other watercourse from
the right-of-way of a turnpike project;
(4) store materials or equipment used in the
construction or maintenance of a turnpike project;
(5) provide a location for an ancillary facility that
generates revenue for use in the construction, maintenance, or
operation of a turnpike project, including a gas station, garage,
store, hotel, or restaurant;
(6) construct or operate a warehouse, toll house, toll
plaza, service station, or other facility used in connection with
the construction, maintenance, or operation of a turnpike project;
(7) lay out, construct, or maintain a roadside park;
(8) lay out, construct, or maintain a parking lot that
will contribute to the maximum use of a turnpike project with the
least possible congestion;
(9) mitigate an adverse environmental effect that
directly results from the construction or maintenance of a turnpike
project; or
(10) accomplish any other purpose related to the
location, construction, improvement, maintenance, beautification,
preservation, or operation of a turnpike project.
(e) The department shall comply with all relocation
assistance procedures applicable to the department in connection
with any displacement of owners or tenants as a consequence of the
department's acquisition of real property under this chapter.
(f) The department may acquire timber, earth, stone,
gravel, or other materials as necessary to carry out a purpose under
this chapter.
(g) The department may not drill or operate a groundwater
well, or lease the right to drill or operate a groundwater well on a
turnpike project.
(h) If authorized by the applicable regulatory authority,
the department shall purchase a conservation easement from an owner
of real property instead of acquiring or condemning the property to
mitigate an adverse environmental effect that directly results from
the construction or maintenance of a turnpike project.
SECTION 15. Section 361.136, Transportation Code, is
amended to read as follows:
Section 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
turnpike project 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.
(b) The department may negotiate for and purchase the
severed real property or either part of the severed real property if
the department and the owner agree on terms for the purchase.
Instead of a single fixed payment for the real property, 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
turnpike project; or
(2) an exclusive or nonexclusive right to use or
operate a segment or part of the turnpike project.
(c) Notwithstanding Section 361.1752, a [A] right to a
payment under Subsection (b)(1) is senior [subject] to any pledge
of the revenue under the term of a trust agreement securing bonds
issued for the project.
SECTION 16. Section 361.137, Transportation Code, is
amended to read as follows:
Sec. 361.137. DECLARATION OF TAKING. (a) The department
may file a declaration of taking with the clerk of the court:
(1) in which the department files a condemnation
petition under Chapter 21, Property Code; or
(2) to which the case is assigned.
(b) The department may file the declaration of taking
concurrently with or subsequent to the petition but may not file the
declaration after the special commissioners have made an award in
the condemnation proceeding.
(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.
(d) The declaration of taking must include:
(1) a specific reference to the legislative authority
for the condemnation;
(2) a description and plot plan of the real property to
be condemned, including the following information if applicable:
(A) the municipality in which the property is
located;
(B) the street address of the property; and
(C) the lot and block number of the property;
(3) a statement of the property interest to be
condemned;
(4) the name and address of each property owner that
the department can obtain after reasonable investigation and a
description of the owner's interest in the property; and
(5) a statement that immediate possession of all or
part of the property to be condemned is necessary for the timely
construction of a turnpike project, and the need resulted from
circumstances beyond the control of the authority.
(d-1) A deposit to the registry of the court of an amount
equal to the appraised value, as determined by the department, of
the property to be condemned must accompany the declaration of
taking.
(e) The date on which the declaration is filed is the date of
taking for the purpose of assessing damages to which a property
owner is entitled.
(f) After a declaration of taking is filed, the case shall
proceed as any other case in eminent domain under Chapter 21,
Property Code.
(g) A taking under this section shall give rise to
compensable damages for early possession, which shall be assessed
by the special commissioners impaneled under Chapter 21, Property
Code.
SECTION 17. Chapter 361, Transportation Code, is amended by
adding Sections 361.143 and 361.144 to read as follows:
Sec. 361.143. PARTICIPATION PAYMENT FOR REAL PROPERTY (a)
The department, when acquiring real property under this chapter,
shall offer the owner of the real property the option to receive as
compensation:
(1) a single fixed payment,
(2) a participation payment, or
(3) a combination of (a)(1) and (a)(2).
(b) Notwithstanding Section 361.1752, a right to receive a
participation payment under this section is senior to any pledge of
the revenue under the terms of a trust agreement securing bonds
issued for the project.
(c) In this section, "participation payment" means an
intangible legal right to receive a percentage of one or more
identified fees related to a segment of the turnpike project for a
fixed or indefinite term.
Sec. 361.144. COMPENSATION OR DAMAGES FOR ANCILLARY
FACILITIES. (a) If an ancillary facility is located on real
property acquired for the corridor, the entity acquiring the real
property under this chapter shall offer the owner of the real
property the following options for compensation:
(1) a single fixed payment; or
(2) an intangible legal right to receive a percentage
of identified lease revenue attributable to the ancillary facility
for a fixed or indefinite term; or
(3) a combination of (a)(1) and (a)(2).
(b) If an ancillary facility is located on real property
condemned for the corridor, the special commissioners shall offer
the owner of the real property the option of being compensated for
damages under Subsection (a)(1), (a)(2), or (a)(3).
(c) Notwithstanding section 361.1752, a right to receive a
payment under this section is senior to any pledge of the revenue
under the terms of a trust agreement securing bonds issued for the
project.
SECTION 18. Subchapter E, Chapter 370, Transportation Code
is amended by adding Section 370.1631 to read as follows:
Sec. 370.1631. COMPENSATION OR DAMAGES FOR ANCILLARY
FACILITIES. (a) If an ancillary facility is located on real
property acquired for the corridor, the entity acquiring the real
property under this chapter shall offer the owner of the real
property the following options for compensation:
(1) a single fixed payment; or
(2) an intangible legal right to receive a percentage
of identified lease revenue attributable to the ancillary facility
for a fixed or indefinite term; or
(3) a combination of (a)(1) and (a)(2).
(b) If an ancillary facility is located on real property
condemned for the corridor, the special commissioners shall offer
the owner of the real property the option of being compensated for
damages under Subsection (a)(1), (a)(2), or (a)(3).
(c) Notwithstanding section 370.114, a right to receive a
payment under this section is senior to any pledge of the revenue
under the terms of a trust agreement securing bonds issued for the
project.
SECTION 19. Section 370.164, Transportation Code, is
amended to read as follows:
Section 370.164. DECLARATION OF TAKING. (a) An authority
may file a declaration of taking with the clerk of the court:
(1) in which the authority files a condemnation
petition under Chapter 21, Property Code; or
(2) to which the case is assigned.
(b) An authority may file the declaration of taking
concurrently with or subsequent to the filing of the condemnation
petition but may not file the declaration after the special
commissioners have made an award in the condemnation proceeding.
(c) An authority may not file a declaration of taking before
the completion of all:
(1) environmental documentation, including a final
environmental impact statement or a record of decision, that is
required by federal or state law;
(2) public hearings and meetings, including those held
in connection with the environmental rules adopted by the authority
under Section 370.188, that are required by federal or state law;
and
(3) notifications required by the rules adopted by the
authority under Section 370.188.
(d) The declaration of taking must include:
(1) a specific reference to the legislative authority
for the condemnation;
(2) a description and plot plan of the real property to
be condemned, including the following information if applicable:
(A) the municipality in which the property is
located;
(B) the street address of the property; and
(C) the lot and block number of the property;
(3) a statement of the property interest to be
condemned;
(4) the name and address of each property owner that
the authority can obtain after reasonable investigation and a
description of the owner's interest in the property; and
(5) a statement that immediate possession of all or
part of the property to be condemned is necessary for the timely
construction of a transportation project, and the need resulted
from circumstances beyond the control of the authority.
(e) A deposit to the registry of the court of an amount equal
to the appraised value as determined by the authority of the
property to be condemned must accompany the declaration of taking.
(f) The date on which the declaration is filed is the date of
taking for the purpose of assessing damages under Chapter 21,
Property Code.
(g) After a declaration of taking is filed, the case shall
proceed as any other case in eminent domain under Chapter 21,
Property Code.
(h) A taking under this section shall give rise to
compensable damages for early possession, which shall be assessed
by the special commissioners impaneled under Chapter 21, Property
Code.
SECTION 20. Section 370.166, Transportation Code, is
amended to read as follows:
Section 370.166. PARTICIPATION PAYMENT FOR REAL PROPERTY.
(a) The authority, when acquiring real property under this
chapter, shall offer the owner of the real property the option to
receive as compensation:
(1) a single fixed payment,
(2) a participation payment, or
(3) a combination of (a)(1) and (a)(2) [As an
alternative to paying for an interest in real property or a real
property right with a single fixed payment, the authority may, with
the owner's consent, pay the owner by means of a participation
payment].
(b) Notwithstanding Section 370.114, a [A] right to receive
a participation payment under this section is senior [subordinate]
to any right to receive a fee as payment on the principal of or
interest on a bond that is issued for the construction of the
applicable segment.
(c) In this section, "participation payment" means an
intangible legal right to receive a percentage of one or more
identified fees related to a segment constructed by the authority
for a fixed or indefinite period.
SECTION 21. Section 370.167, Transportation Code, is
amended to read as follows:
Section 370.167. SEVERANCE OF REAL PROPERTY. (a) If a
transportation project of an authority severs a property owner's
real property, the authority shall pay:
(1) the value of the property acquired; and
(2) the damages, if any, to the remainder of the
owner's property caused by the severance, including damages caused
by the inaccessibility of one tract from the other.
(b) At its option, an authority may negotiate for and
purchase the severed real property or any part of the severed real
property if the authority and the property owner agree on terms for
the purchase. Instead of a single fixed payment for the real
property, the authority 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
project of an authority; or
(2) an exclusive or nonexclusive right to use or
operate a segment or part of the transportation project.
(c) Notwithstanding Section 370.114, a right to a payment
under this section is senior to any pledge of the revenue under the
terms of a trust agreement securing bonds issued for the project.
(d) An authority may sell and dispose of severed real
property that it determines is not necessary or useful to the
authority. Severed property must be appraised before being offered
for sale by the authority.
SECTION 22. This Act takes effect September 1, 2005.