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A BILL TO BE ENTITLED
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AN ACT
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relating to the powers and duties of certain entities authorized to |
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construct turnpike or toll projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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. ASSISTANCE TO CERTAIN ENTITIES. If a county |
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or local government corporation under Chapter 284, a regional |
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tollway authority under Chapter 366, or a regional mobility |
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authority under Chapter 370 undertakes the financing, |
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construction, or operation of a new toll project any part of which |
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lies in an area under department jurisdiction, the department shall |
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assist the entity by providing the project with available highway |
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right-of-way owned by the department and access to the state |
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highway system. The department may not require any payment for the |
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use of state highway right-of-way or access to the state highway |
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system under this section. |
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SECTION 2. 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 county, acting through the commissioners court of the |
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county, or a local government corporation, without state approval, |
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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 deep water navigation |
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channel if the bridge does not hinder maritime 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 under Chapter 370 with respect to a turnpike project or |
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system. |
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SECTION 3. 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 |
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any other law, for a project under this chapter, a county may use |
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any county property, state highway right-of-way, or 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 the property, right-of-way, or access is acquired. |
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The department may not require any payment for the use of state |
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highway right-of-way or access to the state highway system under |
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this section. |
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SECTION 4. Sections 284.008(c) and (d), Transportation |
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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 a [the] project will not become part of the state |
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highway system under Subsection (c). If the commission adopts the |
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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 5. Sections 284.065(b) and (c), Transportation |
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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 more than once. |
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SECTION 6. Section 366.033(a), Transportation Code, is |
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amended to read as follows: |
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(a) An authority, acting through its board, without state |
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approval, supervision, or regulation, may: |
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(1) adopt rules for the regulation of its affairs and |
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the conduct of its business; |
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(2) adopt an official seal; |
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(3) study, evaluate, design, acquire, construct, |
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maintain, repair, and operate turnpike projects, individually or as |
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one or more systems; |
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(4) acquire, hold, and dispose of property in the |
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exercise of its powers and the performance of its duties under this |
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chapter; |
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(5) enter into contracts or operating agreements with |
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similar authorities or agencies of the United States, a state of the |
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United States, the United Mexican States, or a state of the United |
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Mexican States; |
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(6) enter into contracts or agreements necessary or |
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incidental to its duties and powers under this chapter; |
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(7) cooperate and work directly with property owners |
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and governmental agencies and officials to support an activity |
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required to promote or develop a turnpike project or system; |
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(8) employ and set the compensation and benefits of |
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administrators, consulting engineers, attorneys, accountants, |
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construction and financial experts, superintendents, managers, |
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full-time and part-time employees, agents, consultants, and such |
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other persons as the authority considers necessary or useful; |
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(9) receive loans, gifts, grants, and other |
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contributions for the construction of a turnpike project or system |
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and receive contributions of money, property, labor, or other |
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things of value from any source, including the United States, a |
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state of the United States, the United Mexican States, a state of |
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the United Mexican States, the commission, the department, any |
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subdivision of the state, or any other local governmental or |
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private entity, to be used for the purposes for which the grants or |
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contributions are made, and enter into any agreement necessary for |
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the grants or contributions; |
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(10) install, construct, maintain, repair, renew, |
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relocate, and remove public utility facilities in, on, along, over, |
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or under a turnpike project; |
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(11) organize a corporation under Chapter 431 for the |
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promotion and development of turnpike projects and systems; |
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(12) adopt and enforce rules not inconsistent with |
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this chapter for the use of any turnpike project or system, |
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including traffic and other public safety rules; |
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(13) enter into leases, operating agreements, service |
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agreements, licenses, franchises, and similar agreements with |
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public or private parties governing the parties' use of all or any |
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portion of a turnpike project and the rights and obligations of the |
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authority with respect to a turnpike project; [and] |
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(14) do all things necessary or appropriate to carry |
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out the powers expressly granted by this chapter; and |
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(15) exercise the powers of a regional mobility |
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authority under Chapter 370 with respect to a turnpike project or |
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system. |
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SECTION 7. Subchapter B, Chapter 366, Transportation Code, |
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is amended by adding Section 366.037 to read as follows: |
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Sec. 366.037. USE OF PROPERTY. Notwithstanding any other |
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law, an authority may use a state highway right-of-way or access to |
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the state highway system for a turnpike project under this chapter, |
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regardless of when or how the right-of-way or access is acquired. |
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The department may not require any payment for the use of state |
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highway right-of-way or access to the state highway system under |
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this section. |
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SECTION 8. This Act takes effect September 1, 2007. |