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79R17086 JRJ-F
By: Shapiro S.B. No. 1384
Substitute the following for S.B. No. 1384:
By: Krusee C.S.S.B. No. 1384
A BILL TO BE ENTITLED
AN ACT
relating to regional tollway authorities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 201.113, Transportation Code, is amended
by adding Subsection (c) to read as follows:
(c) An agreement entered into under this section may provide
that an improvement of a portion of the state highway system by a
regional tollway authority is governed by the provisions of Chapter
366 applicable to the performance of the same function for a
turnpike project under that chapter and the rules and procedures
adopted by the regional tollway authority under that chapter, in
lieu of the laws, rules, or procedures applicable to the department
for the performance of the same function.
SECTION 2. Section 361.301, Transportation Code, is amended
to read as follows:
Sec. 361.301. AGREEMENTS WITH PUBLIC [OR PRIVATE] ENTITIES
[TO CONSTRUCT, MAINTAIN, REPAIR, AND OPERATE TURNPIKE PROJECTS].
(a) The [Notwithstanding Section 361.231 and Subchapter A, Chapter
2254, Government Code, the] department may enter into an agreement
with a public [or private] entity[, including a toll road
corporation,] to permit the entity, independently or jointly with
the department, to design, develop, finance, construct, maintain,
repair, or [and] operate turnpike projects.
(b) An agreement entered into under this section with a
regional tollway authority governed by Chapter 366 may provide that
a function described in Subsection (a) that is performed by a
regional tollway authority is governed by the provisions of Chapter
366 applicable to the performance of the same function for a
turnpike project under that chapter and the rules and procedures
adopted by the regional tollway authority under that chapter, in
lieu of the laws, rules, or procedures applicable to the department
for the performance of the same function. [The department may
authorize the investment of public and private money, including
debt and equity participation, to finance a function described by
this section.]
SECTION 3. Section 366.033, Transportation Code, is amended
by amending Subsection (b) and adding Subsection (k) to read as
follows:
(b) Rules adopted by the authority must be published in a
newspaper with general circulation in the area in which the
authority is located once each week for two consecutive weeks after
adoption of the rule. The notice must contain a condensed statement
of the substance of the rule and must advise that a copy of the
complete text of the rule is filed in the principal office of the
authority where the text may be read by any person. A rule becomes
effective 10 days after the date of the second publication of the
notice under this subsection [comply with the procedures in
Subchapter B, Chapter 2001, Government Code, and are subject to
Section 2001.038, Government Code, except that the action may be
brought only in a district court of a county located in the
authority].
(k) If an authority enters into a contract or agreement to
design, finance, construct, operate, maintain, or perform any other
function for a turnpike project, system, or improvement authorized
by law on behalf of a local governmental entity, the commission, the
department, a regional mobility authority, or any other entity, the
contract or agreement may provide that the authority, in performing
the function, is governed by the applicable provisions of this
chapter and the rules and procedures adopted by the authority under
this chapter, in lieu of the laws, rules, or procedures applicable
to the other party for the performance of the same function.
SECTION 4. This Act takes effect September 1, 2005.