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A BILL TO BE ENTITLED
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AN ACT
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relating to the construction and expansion of toll projects by |
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private entities in certain areas. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle G, Title 6, Transportation Code, is |
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amended by adding Chapter 371 to read as follows: |
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CHAPTER 371. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF TOLL |
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PROJECT |
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Sec. 371.001. RESOURCE PRESERVATION. (a) In this section: |
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(1) "Department" means the Texas Department of |
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Transportation. |
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(2) "Toll project" means a toll project described by |
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Section 201.001(b), regardless of whether the toll project is: |
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(A) a part of the state highway system; or |
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(B) subject to the jurisdiction of the |
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department. |
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(3) "Toll project entity" means an entity authorized |
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by law to acquire, design, construct, finance, operate, and |
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maintain a toll project, including: |
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(A) the department under Chapter 227 or 228; |
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(B) a regional tollway authority under Chapter |
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366; |
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(C) a regional mobility authority under Chapter |
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370; or |
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(D) a county under Chapter 284. |
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(b) A toll project may not be constructed by a private |
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entity independently or under contract with a toll project entity, |
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and a toll project owned, leased, or operated by a private entity |
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independently or under contract with a toll project entity may not |
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be expanded, if after conducting a study the department determines |
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that: |
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(1) the construction or expansion will result in |
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significant damage to important: |
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(A) areas of historic, cultural, or |
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archeological value; or |
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(B) natural systems; |
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(2) the construction or expansion will affect |
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renewable resource land, including aquifers and aquifer recharge |
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areas, resulting in a substantial loss or reduction of long-range |
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water productivity; |
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(3) the construction or expansion may reasonably be |
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expected to endanger life and property because it will be located in |
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an area that is: |
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(A) subject to frequent flooding; or |
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(B) geologically unstable; |
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(4) the construction or expansion will adversely |
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affect a national park, national monument, national historic |
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landmark, property listed on the national register of historic |
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places, national forest, national wilderness area, national |
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wildlife refuge, national wild and scenic river area, state park, |
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state wildlife refuge, state forest, recorded Texas historic |
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landmark, state historic site, state archeological landmark, city |
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or county park, or municipally designated historic landmark; or |
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(5) the construction or expansion will endanger a |
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public road, public building, cemetery, school, church or place for |
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worship, or other similar structure or dwelling. |
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SECTION 2. This Act takes effect September 1, 2007. |