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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain counties and other entities |
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with respect to certain transportation projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.0055, Transportation Code, is |
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amended to read as follows: |
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Sec. 228.0055. USE OF CONTRACT PAYMENTS. (a) Payments |
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received by the commission or the department under a comprehensive |
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development agreement shall [may] be used by the commission or the |
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department to finance the construction, maintenance, or operation |
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of a transportation project or air quality project in the same |
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department district as the project or facilities to which the |
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payments are attributable [region]. |
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(b) The commission or the department may not: |
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(1) revise the formula as provided in the department's |
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unified transportation program, or its successor document, in a |
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manner that results in a decrease of a department district's |
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allocation because of a payment under Subsection (a); or |
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(2) take any other action that would reduce funding |
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allocated to a department district because of payments received |
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under a comprehensive development agreement. |
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SECTION 2. Subchapter A, Chapter 228, Transportation Code, |
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is amended by adding Section 228.011 to read as follows: |
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Sec. 228.011. TOLL PROJECTS IN CERTAIN COUNTIES. (a) This |
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section applies only to a county acting under Chapter 284. |
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(b) The county is the entity that has primary responsibility |
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for the financing, construction, and operation of a toll project |
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located in the county. |
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(c) To the extent authorized by federal law or authorized or |
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required by this title, the commission and the department shall |
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assist the county in the financing, construction, and operation of |
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a toll project in the county by allowing the county to use highway |
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right-of-way owned by the department and to access the state |
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highway system. In connection with the use by the county of |
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improved state highway right-of-way, the county must enter into an |
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agreement with the commission or the department as provided by |
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Section 284.004(b). |
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(d) Subsections (b) and (c) do not limit the authority of |
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the commission or the department to participate in the cost of |
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acquiring, constructing, maintaining, or operating a turnpike |
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project of the county under Chapter 284. |
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(e) Before the commission or the department may enter into a |
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contract for the financing, construction, or operation of a |
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proposed or existing toll project any part of which is located in |
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the county, the commission or department shall provide the county |
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the first option to finance, construct, or operate, as applicable, |
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the portion of the toll project located in the county: |
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(1) on terms agreeable to the county, without the |
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requirement of any payment to the commission or the department |
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except as provided by Section 284.004(a); and |
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(2) in a manner determined by the county to be |
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consistent with the practices and procedures by which the county |
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finances, constructs, or operates a project. |
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(f) Except as provided by Section 284.004(a), an agreement |
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entered into by the county and the commission or the department in |
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connection with a project under Chapter 284 that is financed, |
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constructed, or operated by the county and that is on or directly |
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connected to the state highway system may not require the county to |
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make any payments to the commission or the department. |
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(g) An agreement entered into by the county and the |
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commission or department in connection with a project under Chapter |
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284 that is financed, constructed, or operated by the county and |
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that is on or directly connected to a highway in the state highway |
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system does not create a joint enterprise for liability purposes. |
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SECTION 3. Section 284.001(3), Transportation Code, is |
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amended to read as follows: |
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(3) "Project" means: |
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(A) a causeway, bridge, tunnel, turnpike, |
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highway, ferry, or any combination of those facilities, including: |
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(i) [(A)] a necessary overpass, underpass, |
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interchange, entrance plaza, toll house, service station, |
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approach, fixture, and accessory and necessary equipment that has |
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been designated as part of the project by order of a county; |
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(ii) [(B)] necessary administration, |
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storage, and other buildings that have been designated as part of |
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the project by order of a county; and |
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(iii) [(C)] all property rights, |
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easements, and related interests acquired; or |
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(B) a turnpike project or system as those terms |
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are defined by Section 370.003. |
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SECTION 4. Section 284.003, Transportation Code, is amended |
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to read as follows: |
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Sec. 284.003. PROJECT AUTHORIZED; CONSTRUCTION, OPERATION, |
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AND COST. (a) A county, acting through the commissioners court of |
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the county, or a local government corporation, without state |
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approval, supervision, or regulation, may: |
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(1) construct, acquire, improve, operate, maintain, |
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or pool a project located: |
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(A) exclusively in the county; |
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(B) in the county and outside the county; or |
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(C) in one or more counties adjacent to the |
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county; |
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(2) issue tax bonds, revenue bonds, or combination tax |
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and revenue bonds to pay the cost of the construction, acquisition, |
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or improvement of a project; |
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(3) impose tolls or charges as otherwise authorized by |
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this chapter; |
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(4) construct a bridge over a deepwater [deep water] |
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navigation channel, if the bridge does not hinder maritime |
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transportation; [or] |
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(5) construct, acquire, or operate a ferry across a |
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deepwater navigation channel; |
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(6) in connection with a project, on adoption of an |
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order exercise the powers of a regional mobility authority |
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operating under Chapter 370; or |
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(7) enter into a comprehensive development agreement |
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with a private entity to design, develop, finance, construct, |
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maintain, repair, operate, extend, or expand a proposed or existing |
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project in the county to the extent and in the manner applicable to |
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the department under Chapter 223 or to a regional tollway authority |
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under Chapter 366. |
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(b) The county or a local government corporation may |
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exercise a power provided by Subsection (a)(6) only in a manner |
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consistent with the other powers provided by this chapter. To the |
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extent of a conflict between this chapter and Chapter 370, this |
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chapter prevails. |
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(c) A project or any portion of a project that is owned by |
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the county and licensed or leased to a private entity or operated by |
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a private entity under this chapter to provide transportation |
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services to the general public is public property used for a public |
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purpose and exempt from taxation by this state or a political |
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subdivision of this state. |
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(d) If the county constructs, acquires, improves, operates, |
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maintains, or pools a project under this chapter, before December |
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31 of each even-numbered year the county shall submit to the |
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department a plan for the project that includes the time schedule |
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for the project and describes the use of project funds. The plan |
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may provide for and permit the use of project funds and other money, |
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including state or federal funds, available to the county for |
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roads, streets, highways, and other related facilities in the |
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county that are not part of a project under this chapter. A plan is |
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not subject to approval, supervision, or regulation by the |
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commission or the department. |
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(e) Except as provided by federal law, an action of a county |
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taken under this chapter is not subject to approval, supervision, |
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or regulation by a metropolitan planning organization. |
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(f) The county may enter into a protocol or other agreement |
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with the commission or the department to implement this section |
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through the cooperation of the parties to the agreement. |
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SECTION 5. Subchapter A, Chapter 284, Transportation Code, |
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is amended by adding Sections 284.0031 and 284.0032 and amending |
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Section 284.004 to read as follows: |
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Sec. 284.0031. OTHER ROAD, STREET, OR HIGHWAY PROJECTS. |
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(a) The commissioners court of a county or a local government |
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corporation, without state approval, supervision, or regulation |
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may: |
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(1) authorize the use of surplus revenue of a project |
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for the study, design, construction, maintenance, repair, or |
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operation of roads, streets, highways, or other related facilities |
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that are not part of a project under this chapter; and |
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(2) prescribe terms for the use of the surplus |
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revenue, including the manner in which the roads, streets, |
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highways, or other related facilities are to be studied, designed, |
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constructed, maintained, repaired, or operated. |
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(b) To implement this section, a county may enter into an |
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agreement with the commission, the department, a local governmental |
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entity, or another political subdivision of this state. |
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(c) A county may not take an action under this section that |
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violates or impairs a bond resolution, trust agreement, or |
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indenture that governs the use of the revenue of a project. |
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(d) Except as provided by this section, a county has the |
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same powers and may use the same procedures with respect to the |
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study, financing, design, construction, maintenance, repair, or |
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operation of a road, street, highway, or other related facility |
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under this section as are available to the county with respect to a |
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project under this chapter. |
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Sec. 284.0032. TRANS-TEXAS CORRIDOR PROJECTS. If a county |
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requests or is requested by the commission to participate in the |
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development of a project under this chapter that has been |
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designated as part of the Trans-Texas Corridor, in connection with |
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the project and in addition to the other powers granted by this |
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chapter, the county has all the powers of the department related to |
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the development of a project that has been designated as part of the |
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Trans-Texas Corridor. |
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Sec. 284.004. USE OF COUNTY PROPERTY AND STATE HIGHWAY |
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ALIGNMENT, RIGHT-OF-WAY, AND ACCESS. (a) Notwithstanding any |
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other law, under this chapter a county may use any county property, |
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state highway right-of-way, or access to the state highway system |
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[for a project under this chapter], regardless of when or how the |
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property, right-of-way, or access is acquired. The department or |
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the commission may require the county to comply with any covenant, |
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condition, restriction, or limitation that affects state highway |
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right-of-way, but may not: |
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(1) adopt rules or establish policies that have the |
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effect of denying the county the use of the right-of-way or access |
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that the county has determined to be necessary or convenient for the |
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construction, acquisition, improvement, operation, maintenance, or |
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pooling of a project under this chapter or the implementation of a |
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plan under Section 284.003(d); or |
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(2) require the county to pay for the use of the |
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right-of-way or access, except to reimburse the commission or |
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department for actual costs incurred or to be incurred by a third |
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party, including the federal government, as a result of that use by |
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the county. |
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(b) If a project of the county under this chapter includes |
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the proposed use of improved state highway right-of-way, the county |
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and the commission or the department must enter into an agreement |
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that includes reasonable terms to accommodate that use of the |
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right-of-way by the county and to protect the interests of the |
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commission and the department in the use of the right-of-way for |
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operations of the department. |
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(c) Notwithstanding any other law, the commission and the |
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department are not liable for any damages that result from a |
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county's use of state highway right-of-way or access to the state |
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highway system under this chapter, regardless of the legal theory, |
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statute, or cause of action under which liability is asserted. |
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SECTION 6. Sections 284.008(c) and (d), Transportation |
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Code, are amended to read as follows: |
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(c) Except as provided by Subsection (d), a project becomes |
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a part of the state highway system and the commission shall maintain |
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the project without tolls when: |
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(1) all of the bonds and interest on the bonds that are |
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payable from or secured by revenues of the project have been paid by |
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the issuer of the bonds or another person with the consent or |
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approval of the issuer; or |
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(2) a sufficient amount for the payment of all bonds |
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and the interest on the bonds to maturity has been set aside by the |
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issuer of the bonds or another person with the consent or approval |
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of the issuer in a trust fund held for the benefit of the |
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bondholders. |
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(d) A [Before construction on a project under this chapter
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begins, a] county may request that the commission adopt an order |
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stating that a [the] project will not become part of the state |
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highway system under Subsection (c). If the commission adopts the |
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order: |
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(1) Section 362.051 does not apply to the project; |
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(2) the project must be maintained by the county; and |
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(3) the project will not become part of the state |
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highway system unless the county transfers the project under |
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Section 284.011. |
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SECTION 7. Sections 284.065(b) and (c), Transportation |
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Code, are amended to read as follows: |
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(b) An existing project may be pooled in whole or in part |
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with a new project or another existing project. |
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(c) A project may [not] be pooled more than once. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |