2007S0417-1 02/19/07
 
  By: Williams, et al. S.B. No. 792
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the power of counties and certain other public entities
with respect to certain transportation projects.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  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; or
             (6)  exercise the powers of a regional mobility
authority for a turnpike project or a system consisting of turnpike
projects under Chapter 370.
       (b)  A "turnpike project" or a "system consisting of turnpike
projects" under Subsection (a) is a project as defined by this
chapter.
       SECTION 2.  Section 284.004, Transportation Code, is amended
to read as follows:
       Sec. 284.004. USE OF COUNTY PROPERTY.  Notwithstanding any
other law, for a project under this chapter, a county may use any
county property, state highway right-of-way, and access to the
state highway system [for a project under this chapter], regardless
of when or how such [the] property, right-of-way, or access was [is]
acquired.  The department may not require any payment for such use
of state highway right-of-way or access to the state highway system
by a county or a local government corporation operating under this
chapter.
       SECTION 3.  Subsections (c) and (d), Section 284.008,
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
             (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 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 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 4.  Subsections (b) and (c), Section 284.065,
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 one or more times [than
once].
       SECTION 5.  Subchapter A, Chapter 228, Transportation Code,
is amended by adding Section 228.011 to read as follows:
       Sec. 228.011.  DEPARTMENT ASSISTANCE TO LOCAL TOLL
PROJECT-BUILDING ENTITY.  If by order or resolution a local toll
project-building entity, including a county or local government
corporation under Chapter 284, a regional tollway authority under
Chapter 366, or a regional mobility authority under Chapter 370,
determines to undertake the financing, construction, or operation
of a new toll project any part of which lies in an area under its
jurisdiction, the department shall assist such entity by providing
the project with available highway right-of-way owned by the
department and access to the state highway system.  The department
may not require any payment for such use of state highway
right-of-way or access to the state highway system by a local toll
project-building entity.
       SECTION 6.  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.