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  80R7619 MTB-D
 
  By: Brimer S.B. No. 1482
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the acquisition of toll projects and real property by
the Texas Department of Transportation and regional mobility
authorities.
       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. ACQUISITION OF TOLL PROJECTS. (a) The
commission may authorize the department to enter into an agreement
with a governmental entity to acquire a toll project or system from
the entity and to:
             (1)  issue bonds to acquire from the entity the toll
project or system as provided by Subsection (c);
             (2)  assume any debts, obligations, and liabilities of
the entity relating to the toll project or system transferred to the
department; or
             (3)  carry out any combination of actions authorized by
Subdivisions (1) and (2).
       (b)  An agreement under this section may include any terms
the department determines to be in the best interest of the state.
       (c)  The commission may issue toll revenue bonds under
Subchapter C or use any other legally available funds for the
purpose of acquiring a toll project or system at a price determined
by the department. The department's determination of price is
conclusive.
       SECTION 2.  Section 370.163(a), Transportation Code, is
amended to read as follows:
       (a)  Except as otherwise provided by this subchapter, the
governing body of an authority has the same powers and duties
relating to the condemnation and acquisition of real property for a
transportation project that the commission and the department have
under Subchapter F, Chapter 202, and Subchapter D, Chapter 203,
relating to the condemnation or purchase of real property for a toll
project.
       SECTION 3.  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.