By: Hinojosa S.B. No. 1131
(In the Senate - Filed March 8, 2005; March 21, 2005, read
first time and referred to Committee on Transportation and Homeland
Security; April 7, 2005, reported adversely, with favorable
Committee Substitute by the following vote: Yeas 9, Nays 0;
April 7, 2005, sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1131 By: Madla
A BILL TO BE ENTITLED
AN ACT
relating to the conveyance of a ferry by the Texas Department of
Transportation to certain counties and local government
corporations.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 284, Transportation Code,
is amended to read as follows:
CHAPTER 284. CAUSEWAYS, BRIDGES, TUNNELS, TURNPIKES, FERRIES, AND
HIGHWAYS IN CERTAIN COUNTIES
SECTION 2. Subdivision (3), Section 284.001,
Transportation Code, is amended to read as follows:
(3) "Project" means a causeway, bridge, tunnel,
turnpike, highway, ferry, or any combination of those facilities,
including:
(A) a necessary overpass, underpass,
interchange, entrance plaza, toll house, service station,
approach, fixture, and accessory and necessary equipment;
(B) necessary administration, storage, and other
buildings; and
(C) all property rights, easements, and related
interests acquired.
SECTION 3. Section 284.003, Transportation Code, is amended
to read as follows:
Sec. 284.003. PROJECT AUTHORIZED; CONSTRUCTION, OPERATION,
AND COST. A county, acting through the commissioners court of the
county, or a local government corporation, without state approval,
supervision, or regulation, may:
(1) construct, acquire, improve, operate, maintain,
or pool a project located:
(A) exclusively in the county;
(B) in the county and outside the county; or
(C) in one or more counties adjacent to the
county;
(2) issue tax bonds, revenue bonds, or combination tax
and revenue bonds to pay the cost of the construction, acquisition,
or improvement of a project;
(3) impose tolls or charges as otherwise authorized by
this chapter; [or]
(4) construct a bridge over a deep water navigation
channel if the bridge does not hinder maritime transportation; or
(5) construct, acquire, or operate a ferry across a
deepwater navigation channel.
SECTION 4. Subchapter A, Chapter 284, Transportation Code,
is amended by adding Section 284.011 to read as follows:
Sec. 284.011. CONVEYANCE OF FERRY CONNECTING STATE
HIGHWAYS. (a) The commission by order may convey a ferry operated
under Section 342.001 to a county or local government corporation
incorporated under Chapter 431 in a county to which this chapter
applies if:
(1) the commission determines that the proposed
conveyance is an integral part of the region's overall plan to
improve mobility in the region; and
(2) the county or local government corporation:
(A) agrees to the conveyance; and
(B) agrees to assume all liability and
responsibility for the maintenance and operation of the ferry on
its conveyance.
(b) A county or local government corporation shall
reimburse the commission for the cost of a conveyed ferry unless the
commission determines that the conveyance will result in a
substantial net benefit to the state, the department, and the
traveling public that equals or exceeds that cost.
(c) In computing the cost of the ferry, the commission
shall:
(1) include the total amount spent by the department
for the original construction of the ferry, including the costs
associated with the preliminary engineering and design engineering
for plans, specifications, and estimates, the acquisition of
necessary rights-of-way, and actual construction of the ferry and
all necessary appurtenant facilities; and
(2) consider the anticipated future costs of
expanding, improving, maintaining, or operating the ferry to be
incurred by the county or local government corporation and not by
the department if the ferry is conveyed.
(d) The commission shall, at the time the ferry is conveyed,
remove the ferry from the state highway system. After a conveyance,
the commission has no liability or responsibility for the
maintenance or operation of the ferry.
(e) Before conveying a ferry that is a part of the state
highway system under this section, the commission shall conduct a
public hearing at which interested persons shall be allowed to
speak on the proposed conveyance. Notice of the hearing must be
published in the Texas Register and in one or more newspapers of
general circulation in the county in which the ferry is located.
(f) The commission shall adopt rules to implement this
section. The rules must include criteria and guidelines for the
approval of a conveyance of a ferry.
(g) A county or local government corporation shall
establish criteria and guidelines for approval of the conveyance of
a ferry under this section.
(h) A county or local government corporation may
temporarily charge a toll for use of a ferry conveyed under this
section to pay the costs necessary for an expansion of the ferry and
may permanently charge a toll for use of ferry facilities that are
an expansion of the ferry conveyed under this section.
(i) The commission may not convey a ferry under this section
if any of the docking facilities used by the ferry are located in a
municipality with a population of 8,000 or less unless the
governing body of the municipality approves the conveyance.
SECTION 5. 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.
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