80R7938 MTB-F

By: Carona S.B. No. 1370

A BILL TO BE ENTITLED

AN ACT

relating to the powers and duties of certain entities authorized to construct turnpike or toll projects.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter A, Chapter 228, Transportation Code, is amended by adding Section 228.011 to read as follows:

Sec. 228.011. ASSISTANCE TO CERTAIN ENTITIES. If a county or local government corporation under Chapter 284, a regional tollway authority under Chapter 366, or a regional mobility authority under Chapter 370 undertakes the financing, construction, or operation of a new toll project any part of which lies in an area under department jurisdiction, the department shall assist the 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 the use of state highway right-of-way or access to the state highway system under this section.

SECTION 2. Section 284.003, Transportation Code, is amended to read as follows:

Sec. 284.003. PROJECT AUTHORIZED; CONSTRUCTION, OPERATION, AND COST. 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 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 under Chapter 370 with respect to a turnpike project or system.

SECTION 3. 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, 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 may not require any payment for the use of state highway right-of-way or access to the state highway system under this section.

SECTION 4. 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

(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 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 5. 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 6. Section 366.033(a), Transportation Code, is amended to read as follows:

(a) An authority, acting through its board, without state approval, supervision, or regulation, may:

(1) adopt rules for the regulation of its affairs and the conduct of its business;

(2) adopt an official seal;

(3) study, evaluate, design, acquire, construct, maintain, repair, and operate turnpike projects, individually or as one or more systems;

(4) acquire, hold, and dispose of property in the exercise of its powers and the performance of its duties under this chapter;

(5) enter into contracts or operating agreements with similar authorities or agencies of the United States, a state of the United States, the United Mexican States, or a state of the United Mexican States;

(6) enter into contracts or agreements necessary or incidental to its duties and powers under this chapter;

(7) cooperate and work directly with property owners and governmental agencies and officials to support an activity required to promote or develop a turnpike project or system;

(8) employ and set the compensation and benefits of administrators, consulting engineers, attorneys, accountants, construction and financial experts, superintendents, managers, full-time and part-time employees, agents, consultants, and such other persons as the authority considers necessary or useful;

(9) receive loans, gifts, grants, and other contributions for the construction of a turnpike project or system and receive contributions of money, property, labor, or other things of value from any source, including the United States, a state of the United States, the United Mexican States, a state of the United Mexican States, the commission, the department, any subdivision of the state, or any other local governmental or private entity, to be used for the purposes for which the grants or contributions are made, and enter into any agreement necessary for the grants or contributions;

(10) install, construct, maintain, repair, renew, relocate, and remove public utility facilities in, on, along, over, or under a turnpike project;

(11) organize a corporation under Chapter 431 for the promotion and development of turnpike projects and systems;

(12) adopt and enforce rules not inconsistent with this chapter for the use of any turnpike project or system, including traffic and other public safety rules;

(13) enter into leases, operating agreements, service agreements, licenses, franchises, and similar agreements with public or private parties governing the parties' use of all or any portion of a turnpike project and the rights and obligations of the authority with respect to a turnpike project; [and]

(14) do all things necessary or appropriate to carry out the powers expressly granted by this chapter; and

(15) exercise the powers of a regional mobility authority under Chapter 370 with respect to a turnpike project or system.

SECTION 7. Subchapter B, Chapter 366, Transportation Code, is amended by adding Section 366.037 to read as follows:

Sec. 366.037. USE OF PROPERTY. Notwithstanding any other law, an authority may use a state highway right-of-way or access to the state highway system for a turnpike project under this chapter, regardless of when or how the right-of-way or access is acquired. The department may not require any payment for the use of state highway right-of-way or access to the state highway system under this section.

SECTION 8. This Act takes effect September 1, 2007.