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A BILL TO BE ENTITLED
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AN ACT
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relating to the power of counties and certain other public 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 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; or |
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(6) exercise the powers of a regional mobility |
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authority for a turnpike project or a system consisting of turnpike |
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projects under Chapter 370. |
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(b) A "turnpike project" or a "system consisting of turnpike |
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projects" under Subsection (a) is a project as defined by this |
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chapter. |
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SECTION 2. Section 284.004, Transportation Code, is amended |
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to read as follows: |
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Sec. 284.004. USE OF COUNTY PROPERTY. Notwithstanding any |
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other law, for a project under this chapter, a county may use any |
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county property, state highway right-of-way, and access to the |
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state highway system [for a project under this chapter], regardless |
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of when or how such [the] property, right-of-way, or access was [is] |
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acquired. The department may not require any payment for such use |
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of state highway right-of-way or access to the state highway system |
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by a county or a local government corporation operating under this |
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chapter. |
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SECTION 3. Subsections (c) and (d), Section 284.008, |
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Transportation 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 |
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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 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 the project will not become part of the state highway |
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system under Subsection (c). If the commission adopts the 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 4. Subsections (b) and (c), Section 284.065, |
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Transportation 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 one or more times [than
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once]. |
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SECTION 5. 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. DEPARTMENT ASSISTANCE TO LOCAL TOLL |
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PROJECT-BUILDING ENTITY. If by order or resolution a local toll |
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project-building entity, including a county or local government |
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corporation under Chapter 284, a regional tollway authority under |
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Chapter 366, or a regional mobility authority under Chapter 370, |
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determines to undertake the financing, construction, or operation |
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of a new toll project any part of which lies in an area under its |
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jurisdiction, the department shall assist such entity by providing |
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the project with available highway right-of-way owned by the |
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department and access to the state highway system. The department |
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may not require any payment for such use of state highway |
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right-of-way or access to the state highway system by a local toll |
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project-building entity. |
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SECTION 6. 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. |