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A BILL TO BE ENTITLED
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AN ACT
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relating to noncompetition provisions in contracts for the |
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acquisition, design, construction, financing, maintenance, or |
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operation of a toll project. |
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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 |
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ONE TYPE OF TOLL PROJECT |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 371.001. DEFINITIONS. In this chapter: |
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(1) "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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(2) "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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[Sections 371.002-371.050 reserved for expansion] |
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SUBCHAPTER B. CONTRACT PROVISIONS |
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Sec. 371.051. NONCOMPETITION PROVISIONS. A contract for |
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the acquisition, design, construction, financing, maintenance, or |
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operation of a toll project may not contain a provision that: |
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(1) limits the ability of the toll project entity or |
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another entity to acquire, design, |
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construct, finance, maintain, or |
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operate transportation infrastructure; or |
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(2) requires the toll project entity or another entity |
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to compensate the contracting party for a decline in or loss of |
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revenue that results from the acquisition, design, construction, |
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financing, maintenance, or operation of transportation |
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infrastructure. |
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SECTION 2. Section 371.051, Transportation Code, as added |
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by this Act, applies only to a contract entered into on or after the |
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effective date of this Act. A contract entered into before the |
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effective date of this Act is covered by the law in effect when the |
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contract was entered into, and the former law is continued in effect |
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for that purpose. |
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SECTION 3. 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. |