80R11706 JD-D
 
  By: Smith of Harris, Dutton, Hartnett, H.B. No. 1892
      Creighton, Howard of Fort Bend, et al.
 
Substitute the following for H.B. No. 1892:
 
  By:  Harless C.S.H.B. No. 1892
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain counties and other entities
with respect to certain transportation projects.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Section 228.0055, Transportation Code, is
amended to read as follows:
       Sec. 228.0055.  USE OF CONTRACT PAYMENTS. (a)  Payments
received by the commission or the department under a comprehensive
development agreement shall [may] be used by the commission or the
department to finance the construction, maintenance, or operation
of a transportation project or air quality project in the same
department district as the project or facilities to which the
payments are attributable [region].
       (b)  The commission or the department may not:
             (1)  revise the formula as provided in the department's
unified transportation program, or its successor document, in a
manner that results in a decrease of a department district's
allocation because of a payment under Subsection (a); or
             (2)  take any other action that would reduce funding
allocated to a department district because of payments received
under a comprehensive development agreement.
       SECTION 2.  Subchapter A, Chapter 228, Transportation Code,
is amended by adding Section 228.011 to read as follows:
       Sec. 228.011.  TOLL PROJECTS IN CERTAIN COUNTIES. (a) This
section applies only to a county acting under Chapter 284.
       (b)  The county is the entity that has primary responsibility
for the financing, construction, and operation of a toll project
located in the county.
       (c)  To the extent authorized by federal law or authorized or
required by this title, the commission and the department shall
assist the county in the financing, construction, and operation of
a toll project in the county by allowing the county to use highway
right-of-way owned by the department and to access the state
highway system.  In connection with the use by the county of
improved state highway right-of-way, the county must enter into an
agreement with the commission or the department as provided by
Section 284.004(b).
       (d)  Subsections (b) and (c) do not limit the authority of
the commission or the department to participate in the cost of
acquiring, constructing, maintaining, or operating a turnpike
project of the county under Chapter 284.
       (e)  Before the commission or the department may enter into a
contract for the financing, construction, or operation of a
proposed or existing toll project any part of which is located in
the county, the commission or department shall provide the county
the first option to finance, construct, or operate, as applicable,
the portion of the toll project located in the county:
             (1)  on terms agreeable to the county, without the
requirement of any payment to the commission or the department
except as provided by Section 284.004(a); and
             (2)  in a manner determined by the county to be
consistent with the practices and procedures by which the county
finances, constructs, or operates a project.
       (f)  Except as provided by Section 284.004(a), an agreement
entered into by the county and the commission or the department in
connection with a project under Chapter 284 that is financed,
constructed, or operated by the county and that is on or directly
connected to the state highway system may not require the county to
make any payments to the commission or the department.
       (g)  An agreement entered into by the county and the
commission or department in connection with a project under Chapter
284 that is financed, constructed, or operated by the county and
that is on or directly connected to a highway in the state highway
system does not create a joint enterprise for liability purposes.
       SECTION 3.  Section 284.001(3), Transportation Code, is
amended to read as follows:
             (3)  "Project" means:
                   (A)  a causeway, bridge, tunnel, turnpike,
highway, ferry, or any combination of those facilities, including:
                         (i) [(A)]  a necessary overpass, underpass,
interchange, entrance plaza, toll house, service station,
approach, fixture, and accessory and necessary equipment that has
been designated as part of the project by order of a county;
                         (ii) [(B)]  necessary administration,
storage, and other buildings that have been designated as part of
the project by order of a county; and
                         (iii) [(C)]  all property rights,
easements, and related interests acquired; or
                   (B)  a turnpike project or system as those terms
are defined by Section 370.003.
       SECTION 4.  Section 284.003, Transportation Code, is amended
to read as follows:
       Sec. 284.003.  PROJECT AUTHORIZED; CONSTRUCTION, OPERATION,
AND COST.  (a) 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;
             (4)  construct a bridge over a deepwater [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;
             (6)  in connection with a project, on adoption of an
order exercise the powers of a regional mobility authority
operating under Chapter 370; or
             (7)  enter into a comprehensive development agreement
with a private entity to design, develop, finance, construct,
maintain, repair, operate, extend, or expand a proposed or existing
project in the county to the extent and in the manner applicable to
the department under Chapter 223 or to a regional tollway authority
under Chapter 366.
       (b)  The county or a local government corporation may
exercise a power provided by Subsection (a)(6) only in a manner
consistent with the other powers provided by this chapter. To the
extent of a conflict between this chapter and Chapter 370, this
chapter prevails.
       (c)  A project or any portion of a project that is owned by
the county and licensed or leased to a private entity or operated by
a private entity under this chapter to provide transportation
services to the general public is public property used for a public
purpose and exempt from taxation by this state or a political
subdivision of this state.
       (d)  If the county constructs, acquires, improves, operates,
maintains, or pools a project under this chapter, before December
31 of each even-numbered year the county shall submit to the
department a plan for the project that includes the time schedule
for the project and describes the use of project funds. The plan
may provide for and permit the use of project funds and other money,
including state or federal funds, available to the county for
roads, streets, highways, and other related facilities in the
county that are not part of a project under this chapter. A plan is
not subject to approval, supervision, or regulation by the
commission or the department.
       (e)  Except as provided by federal law, an action of a county
taken under this chapter is not subject to approval, supervision,
or regulation by a metropolitan planning organization.
       (f)  The county may enter into a protocol or other agreement
with the commission or the department to implement this section
through the cooperation of the parties to the agreement.
       SECTION 5.  Subchapter A, Chapter 284, Transportation Code,
is amended by adding Sections 284.0031 and 284.0032 and amending
Section 284.004 to read as follows:
       Sec. 284.0031.  OTHER ROAD, STREET, OR HIGHWAY PROJECTS.
(a) The commissioners court of a county or a local government
corporation, without state approval, supervision, or regulation
may:
             (1)  authorize the use of surplus revenue of a project
for the study, design, construction, maintenance, repair, or
operation of roads, streets, highways, or other related facilities
that are not part of a project under this chapter; and
             (2)  prescribe terms for the use of the surplus
revenue, including the manner in which the roads, streets,
highways, or other related facilities are to be studied, designed,
constructed, maintained, repaired, or operated.
       (b)  To implement this section, a county may enter into an
agreement with the commission, the department, a local governmental
entity, or another political subdivision of this state.
       (c)  A county may not take an action under this section that
violates or impairs a bond resolution, trust agreement, or
indenture that governs the use of the revenue of a project.
       (d)  Except as provided by this section, a county has the
same powers and may use the same procedures with respect to the
study, financing, design, construction, maintenance, repair, or
operation of a road, street, highway, or other related facility
under this section as are available to the county with respect to a
project under this chapter.
       Sec. 284.0032.  TRANS-TEXAS CORRIDOR PROJECTS. If a county
requests or is requested by the commission to participate in the
development of a project under this chapter that has been
designated as part of the Trans-Texas Corridor, in connection with
the project and in addition to the other powers granted by this
chapter, the county has all the powers of the department related to
the development of a project that has been designated as part of the
Trans-Texas Corridor.
       Sec. 284.004.  USE OF COUNTY PROPERTY AND STATE HIGHWAY
ALIGNMENT, RIGHT-OF-WAY, AND ACCESS. (a) Notwithstanding any
other law, under this chapter a county may use any county property,
state highway right-of-way, or access to the state highway system
[for a project under this chapter], regardless of when or how the
property, right-of-way, or access is acquired. The department or
the commission may require the county to comply with any covenant,
condition, restriction, or limitation that affects state highway
right-of-way, but may not:
             (1)  adopt rules or establish policies that have the
effect of denying the county the use of the right-of-way or access
that the county has determined to be necessary or convenient for the
construction, acquisition, improvement, operation, maintenance, or
pooling of a project under this chapter or the implementation of a
plan under Section 284.003(d); or
             (2)  require the county to pay for the use of the
right-of-way or access, except to reimburse the commission or
department for actual costs incurred or to be incurred by a third
party, including the federal government, as a result of that use by
the county.
       (b)  If a project of the county under this chapter includes
the proposed use of improved state highway right-of-way, the county
and the commission or the department must enter into an agreement
that includes reasonable terms to accommodate that use of the
right-of-way by the county and to protect the interests of the
commission and the department in the use of the right-of-way for
operations of the department.
       (c)  Notwithstanding any other law, the commission and the
department are not liable for any damages that result from a
county's use of state highway right-of-way or access to the state
highway system under this chapter, regardless of the legal theory,
statute, or cause of action under which liability is asserted.
       SECTION 6.  Sections 284.008(c) and (d), Transportation
Code, are amended to read as follows:
       (c)  Except as provided by 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 by
the issuer of the bonds or another person with the consent or
approval of the issuer; or
             (2)  a sufficient amount for the payment of all bonds
and the interest on the bonds to maturity has been set aside by the
issuer of the bonds or another person with the consent or approval
of the issuer in a trust fund held for the benefit of the
bondholders.
       (d)  A [Before construction on a project under this chapter
begins, a] county may request that the commission adopt an order
stating that a [the] project will not become part of the state
highway system under Subsection (c). If the commission adopts the
order:
             (1)  Section 362.051 does not apply to the project;
             (2)  the project must be maintained by the county; and
             (3)  the project will not become part of the state
highway system unless the county transfers the project under
Section 284.011.
       SECTION 7.  Sections 284.065(b) and (c), Transportation
Code, are amended to read as follows:
       (b)  An existing project may be pooled in whole or in part
with a new project or another existing project.
       (c)  A project may [not] be pooled more than once.
       SECTION 8.  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, 2007.