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A BILL TO BE ENTITLED
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AN ACT
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relating to the design, development, financing, construction, and |
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operation of certain toll projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 223.208(b) and (h), Transportation |
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Code, are amended to read as follows: |
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(b) A comprehensive development agreement entered into |
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under this subchapter or Section 227.023(c) must include a |
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provision [may include any provision that the department considers
|
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appropriate, including provisions:
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[(1)] providing for the purchase by the department[,
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under terms and conditions agreed to by the parties,] of the |
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interest of a private participant in the comprehensive development |
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agreement and related property as required by Section 371.101 and |
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may include any other provision the department considers |
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appropriate, including a provision: |
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(1)[, including any interest in a highway or other
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facility designed, developed, financed, constructed, operated, or
|
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maintained under the comprehensive development agreement;
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[(2)
establishing the purchase price for the interest
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of a private participant in the comprehensive development agreement
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and related property, which price may be determined in accordance
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with the methodology established by the parties in the
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comprehensive development agreement;
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[(3)] providing for the payment of obligations |
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incurred pursuant to the comprehensive development agreement, |
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including any obligation to pay the purchase price for the interest |
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of a private participant in the comprehensive development |
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agreement, from any lawfully available source, including securing |
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such obligations by a pledge of revenues of the commission or the |
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department derived from the applicable project, which pledge shall |
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have such priority as the department may establish; |
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(2) [(4)] permitting the private participant to |
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pledge its rights under the comprehensive development agreement; |
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(3) [(5)] concerning the private participant's right |
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to operate and collect revenue from the project; and |
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(4) [(6)] restricting the right of the commission or |
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the department to terminate the private participant's right to |
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operate and collect revenue from the project unless and until any |
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applicable termination payments have been made. |
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(h) A comprehensive development agreement with a private |
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participant that includes the collection by the private participant |
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of tolls for the use of a toll project may be for a term not longer |
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than 50 years from the later of the date of final acceptance of the |
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project or the start of revenue operations by the private |
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participant, not to exceed a total term of 52 years. [The
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comprehensive development agreement must contain an explicit
|
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mechanism for setting the price for the purchase by the department
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of the interest of the private participant in the comprehensive
|
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development agreement and related property, including any interest
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in a highway or other facility designed, developed, financed,
|
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constructed, operated, or maintained under the agreement.] |
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SECTION 2. Section 228.0055(a), Transportation Code, is |
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amended to read as follows: |
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(a) Payments, project savings, refinancing dividends, and |
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any other revenue received by the commission or the department |
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under a comprehensive development agreement shall be deposited into |
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a separate subaccount for the project from which the commission or |
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the department receives those monies and be used by the commission |
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or the department to finance the construction, maintenance, or |
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operation of transportation projects or air quality projects in the |
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region. |
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SECTION 3. Section 228.006(a), Transportation Code, is |
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amended to read as follows: |
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(a) The commission shall authorize the use of surplus |
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revenue of a toll project or system to pay the costs of a |
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transportation project, highway project, or air quality project |
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within a region [department district] in which any part of the toll |
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project is located. |
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SECTION 4. Section 284.004(b), Transportation Code, is |
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amended to read as follows: |
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(b) In addition to authority granted by other law, a county |
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may use state highway right-of-way and may access state highway |
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right-of-way in accordance with Sections 228.011 and 373.102 |
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[228.0111]. |
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SECTION 5. Section 284.061(d), Transportation Code, is |
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amended to read as follows: |
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(d) Subject to the reimbursement requirements of Section |
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373.102, a [A] county has full easements and rights-of-way through, |
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across, under, and over any property owned by this state that are |
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necessary or convenient to construct, acquire, or efficiently |
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operate a project under this chapter. |
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SECTION 6. Section 366.170(c), Transportation Code, is |
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amended to read as follows: |
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(c) An authority has full easements and rights-of-way |
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through, across, under, and over any property owned by the state or |
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any local governmental entity that are necessary or convenient to |
|
construct, acquire, or efficiently operate a turnpike project or |
|
system under this chapter. This subsection does not affect the |
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obligation of the authority under other state law, including |
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Section 373.102, to compensate or reimburse the state for the use or |
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acquisition of an easement or right-of-way on property owned by or |
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on behalf of the state. An authority's use of property owned by or |
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on behalf of the state is subject to any covenants, conditions, |
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restrictions, or limitations affecting that property. |
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SECTION 7. Sections 366.407(b) and (g), Transportation |
|
Code, are amended to read as follows: |
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(b) A comprehensive development agreement entered into |
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under this subchapter must [may] include [any provision the
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authority considers appropriate, including] a provision[:
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[(1)] providing for the purchase by the authority[,
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under terms and conditions agreed to by the parties,] of the |
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interest of a private participant in the comprehensive development |
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agreement as required by Section 371.101 and may include any other |
|
provision the authority considers appropriate, including a |
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provision: |
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(1) [and related property, including any interest in a
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turnpike project designed, developed, financed, constructed,
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operated, or maintained under the comprehensive development
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agreement;
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[(2)
establishing the purchase price, as determined in
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accordance with the methodology established by the parties in the
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comprehensive development agreement, for the interest of a private
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participant in the comprehensive development agreement and related
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property;
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[(3)] providing for the payment of an obligation |
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incurred under the comprehensive development agreement, including |
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an obligation to pay the purchase price for the interest of a |
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private participant in the comprehensive development agreement, |
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from any available source, including securing the obligation by a |
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pledge of revenues of the authority derived from the applicable |
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project, which pledge shall have priority as established by the |
|
authority; |
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(2) [(4)] permitting the private participant to |
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pledge its rights under the comprehensive development agreement; |
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(3) [(5)] concerning the private participant's right |
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to operate and collect revenue from the turnpike project; and |
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(4) [(6)] restricting the right of the authority to |
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terminate the private participant's right to operate and collect |
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revenue from the turnpike project unless and until any applicable |
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termination payments have been made. |
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(g) A [Except as provided by this subsection, a] |
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comprehensive development agreement with a private participant |
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that includes the collection by the private participant of tolls |
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for the use of a toll project may be for a term not longer than 50 |
|
years from the later of the date of final acceptance of the project |
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or the start of revenue operations by the private participant, not |
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to exceed a total term of 52 years. [The contract must contain an
|
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explicit mechanism for setting the price for the purchase by the
|
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department of the interest of the private participant in the
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contract and related property, including any interest in a highway
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or other facility designed, developed, financed, constructed,
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operated, or maintained under the contract.] |
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SECTION 8. Section 370.169(c), Transportation Code, is |
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amended to read as follows: |
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(c) An authority has full easements and rights-of-way |
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through, across, under, and over any property owned by the state or |
|
any local government that are necessary or convenient to construct, |
|
acquire, or efficiently operate a transportation project or system |
|
under this chapter. This subsection does not affect the obligation |
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of the authority under other law, including Section 373.102, to |
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compensate or reimburse this state for the use or acquisition of an |
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easement or right-of-way on property owned by or on behalf of this |
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state. An authority's use of property owned by or on behalf of this |
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state is subject to any covenants, conditions, restrictions, or |
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limitations affecting that property. |
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SECTION 9. Section 370.311(b), Transportation Code, is |
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amended to read as follows: |
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(b) A comprehensive development agreement entered into |
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under Section 370.305 must include a provision authorizing the |
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authority to purchase, under terms agreed to by the parties, the |
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interest of a private equity investor in a transportation project |
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as required by Section 371.101. |
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SECTION 10. Section 371.002, Transportation Code, as added |
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by Section 11.01, Chapter 264 (S.B. 792), Acts of the 80th |
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Legislature, Regular Session, 2007, is amended to read as follows: |
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Sec. 371.002. APPLICABILITY. This chapter does not apply |
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to: |
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(1) a project for which the commission selected an |
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apparent best value proposer before May 1, 2007; or |
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(2) a publicly owned and operated toll project, as |
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defined by Section 373.001. |
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SECTION 11. The heading to Section 371.052, Transportation |
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Code, as added by Section 11.01, Chapter 264 (S.B. 792), Acts of the |
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80th Legislature, Regular Session, 2007, is amended to read as |
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follows: |
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Sec. 371.052. NOTIFICATION TO LEGISLATIVE BUDGET BOARD [AND
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STATE AUDITOR]. |
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SECTION 12. Section 371.101, Transportation Code, as added |
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by Section 11.01, Chapter 264 (S.B. 792), Acts of the 80th |
|
Legislature, Regular Session, 2007, is amended to read as follows: |
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Sec. 371.101. TERMINATION BY PURCHASE [FOR CONVENIENCE]. |
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(a) A comprehensive development agreement must contain a provision |
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authorizing the toll project entity to purchase, under terms agreed |
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to by the parties: |
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(1) the interest of a private participant in the toll |
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project that is the subject of the agreement; and |
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(2) related property, including any interest in a |
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highway or other facility designed, developed, financed, |
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constructed, operated, or maintained under the agreement. |
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(b) The provision must include a schedule stating a specific |
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price for the purchase of the toll project at certain intervals from |
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the date the project opens, not less than one year and not to exceed |
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five years, over the term of the agreement. |
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(c) The provision must authorize the toll project entity to |
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purchase the private entity's interest at a stated interval in an |
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amount not to exceed the lesser of: |
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(1) the price stated for that interval; or |
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(2) the then fair market value of the private entity's |
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interest, which may include the amount of outstanding debt at that |
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time, as authorized in the comprehensive development agreement. |
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(d) The toll project entity shall request a proposed |
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termination-by-purchase schedule in each request for detailed |
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proposals and shall consider and score each schedule in each |
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evaluation of proposals. |
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(e) A private entity shall, not later than 12 months before |
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the date that a new price interval takes effect, notify the toll |
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project entity of the beginning of the price interval. The toll |
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project entity must notify the private entity as to whether it will |
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exercise the option to purchase under this section not later than |
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six months after the date it receives notice under this |
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subsection. |
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(f) A toll project entity must notify the private entity of |
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the toll project entity's intention to purchase the private |
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entity's interest under this section not less than six months |
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before the date of the purchase. [A toll project entity having
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rulemaking authority by rule and a toll project entity without
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rulemaking authority by official action shall develop a formula for
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making termination payments to terminate a comprehensive
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development agreement under which a private participant receives
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the right to operate and collect revenue from a toll project.
A
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formula must calculate an estimated amount of loss to the private
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participant as a result of the termination for convenience.
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[(b)
The formula shall be based on investments,
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expenditures, and the internal rate of return on equity under the
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agreed base case financial model as projected over the original
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term of the agreement, plus an agreed percentage markup on that
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amount.
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[(c)
A formula under Subsection (b) may not include any
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estimate of future revenue from the project, if not included in an
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agreed base case financial model under Subsection (b).
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Compensation to the private participant upon termination for
|
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convenience may not exceed the amount determined using the formula
|
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under Subsection (b).] |
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SECTION 13. Section 371.102, Transportation Code, as added |
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by Section 11.01, Chapter 264 (S.B. 792), Acts of the 80th |
|
Legislature, Regular Session, 2007, is amended to read as follows: |
|
Sec. 371.102. TERMINATION OF CERTAIN COMPREHENSIVE |
|
DEVELOPMENT AGREEMENTS. (a) If a toll project entity elects to |
|
terminate a comprehensive development agreement under which a |
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private participant receives the right to operate and collect |
|
revenue from a project, the entity may: |
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(1) [if authorized to issue bonds for that purpose,] |
|
issue bonds or other obligations to: |
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(A) make any applicable termination payments to |
|
the private participant; or |
|
(B) purchase the interest of the private |
|
participant in the comprehensive development agreement or related |
|
property; or |
|
(2) provide for the payment of obligations of the |
|
private participant incurred pursuant to the comprehensive |
|
development agreement. |
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(b) A toll project entity has the same powers and duties |
|
relating to the financing of payments under Subsection (a)(1) as |
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the toll project entity has under other applicable laws of this |
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state, including Chapters 228, 284, 366, and 370 of this code and |
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Chapter 1371, Government Code, relating to the financing of a toll |
|
project of that entity, including the ability to deposit the |
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proceeds of bonds or other obligations and to pledge, encumber, and |
|
expend the proceeds and revenues of a toll project as provided by |
|
law. |
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(c) The powers held by the toll project entity include the |
|
power to authorize the issuance of bonds or other obligations and to |
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pay all or part of the costs of a payment described in Subsection |
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(a)(1), in the amount determined by the toll project entity under |
|
Section 371.101. Costs associated with a payment under Subsection |
|
(a)(1) are considered a cost of the project. |
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(d) This section shall be liberally construed to effect its |
|
purposes. |
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SECTION 14. Sections 371.103(b) and (c), Transportation |
|
Code, as added by Section 11.01, Chapter 264 (S.B. 792), Acts of the |
|
80th Legislature, Regular Session, 2007, are amended to read as |
|
follows: |
|
(b) Except as provided by Subsection (c), a comprehensive |
|
development agreement may contain a provision authorizing the toll |
|
project entity to compensate the private participant in the |
|
agreement for the loss of toll revenues attributable to the |
|
construction by the entity of a limited access highway project |
|
located within an area that extends up to four miles from either |
|
side of the centerline of the project developed under the |
|
agreement, less the private participant's decreased operating and |
|
maintenance costs attributable to the highway project, if any. A |
|
provision under this subsection may be effective only for a period |
|
of 30 years or less from the effective date of the agreement. |
|
(c) A comprehensive development agreement may not require |
|
the toll project entity to provide compensation for the |
|
construction of: |
|
(1) a highway project contained in the state |
|
transportation plan or a transportation plan of a metropolitan |
|
planning organization in effect on the effective date of the |
|
agreement; |
|
(2) work on or improvements to a highway project |
|
necessary for improved safety, or for maintenance or operational |
|
purposes; |
|
(3) a high occupancy vehicle exclusive lane addition |
|
or other work on any highway project that is required by an |
|
environmental regulatory agency; [or] |
|
(4) a transportation project that provides a mode of |
|
transportation that is not included in the project that is the |
|
subject of the comprehensive development agreement; or |
|
(5) a highway designated an interstate highway. |
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SECTION 15. Subtitle G, Title 6, Transportation Code, is |
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amended by adding Chapter 373 to read as follows: |
|
CHAPTER 373. TOLL PROJECTS LOCATED IN TERRITORY OF LOCAL TOLL |
|
PROJECT ENTITY |
|
SUBCHAPTER A. GENERAL PROVISIONS |
|
Sec. 373.001. DEFINITIONS. In this chapter: |
|
(1) "Local toll project entity" means an entity, other |
|
than the department, that is authorized by law to acquire, design, |
|
construct, finance, operate, and maintain a toll project, |
|
including: |
|
(A) a regional tollway authority under Chapter |
|
366; |
|
(B) a regional mobility authority under Chapter |
|
370; or |
|
(C) a county acting under Chapter 284. |
|
(2) "Privately operated or controlled toll project" |
|
means a toll project that is primarily commercial in nature and is |
|
designed and constructed by a private entity that holds a leasehold |
|
interest in or the right to operate and retain revenues from the |
|
toll project, regardless of whether the private entity operates the |
|
toll project or collects the revenue itself or engages a |
|
subcontractor or other entity to operate the toll project or |
|
collect the revenue. The term does not include a toll project for |
|
which the department or a toll project entity contracts with a |
|
private entity only for engineering, design, construction, |
|
finance, operation, maintenance, or other services. |
|
(3) "Publicly owned and operated toll project" means a |
|
toll project owned and operated by the department or a local toll |
|
project entity in which a private entity does not have a leasehold |
|
interest or right to operate or retain revenue from the toll |
|
project. The term does not include a privately operated or |
|
controlled toll project, but may include a toll project for which a |
|
private entity provides: |
|
(A) engineering, design, construction, finance, |
|
operation, maintenance, or other services; or |
|
(B) financial assistance for the toll project |
|
that does not entitle the private entity to any ownership interest |
|
in or the right to operate or retain revenue from the toll project. |
|
(4) "Toll project" means a toll project described by |
|
Section 201.001(b), regardless of whether the toll project is: |
|
(A) a part of the state highway system; or |
|
(B) subject to the jurisdiction of the |
|
department. |
|
Sec. 373.002. APPLICABILITY. (a) This chapter does not |
|
apply to a toll project described in Section 228.011. |
|
(b) This chapter does not apply to: |
|
(1) any project for which the department has issued a |
|
request for qualifications or request for competing proposals and |
|
qualifications before May 1, 2007, except for the State Highway 161 |
|
project in Dallas County; |
|
(2) the eastern extension of the President George Bush |
|
Turnpike from State Highway 78 to IH 30 in Dallas County; |
|
(3) the Phase 3 and 4 extensions of the Dallas North |
|
Tollway in Collin and Denton Counties from State Highway 121 to the |
|
Grayson County line, and the planned future extension into Grayson |
|
County, regardless of which local toll project entity develops the |
|
extension into Grayson County; |
|
(4) the Lewisville Lake Bridge and portions of FM 720 |
|
widening projects in Denton County; or |
|
(5) the Southwest Parkway (State Highway 121) in |
|
Tarrant County from Dirks Road/Altamesa Boulevard to IH 30. |
|
Sec. 373.003. PROJECT OWNED IN PERPETUITY. Unless a toll |
|
project is sold or otherwise transferred to another toll project |
|
entity in accordance with applicable law, including Sections |
|
228.151, 284.011, 366.036, 366.172, and 370.171, a toll project |
|
procured by the department or a local toll project entity |
|
determined by the process under Subchapter B is owned by that entity |
|
in perpetuity. |
|
Sec. 373.004. GOVERNMENTAL AND NOT COMMERCIAL |
|
TRANSACTIONS. A transaction involving a local toll project entity |
|
under Section 228.011 or this chapter is not primarily commercial |
|
in nature but is an inherently governmental transaction whose |
|
purpose is to determine governmental jurisdiction, ownership, |
|
control, or other responsibilities with respect to a project. |
|
Sec. 373.005. VALUATION DETERMINATION. Any determination |
|
of value, including best value, under this chapter or other |
|
applicable federal or state law for a comprehensive development |
|
agreement or other public-private partnership arrangement |
|
involving a toll project located in the jurisdiction of a local toll |
|
project entity must take into consideration factors the entity |
|
determines appropriate, including factors that are significant, |
|
but not quantifiable, such as factors related to: |
|
(1) oversight of the toll project; |
|
(2) maintenance and operations costs of the toll |
|
project; |
|
(3) the structure and rates of tolls; |
|
(4) economic development impacts of the toll project; |
|
and |
|
(5) social and environmental benefits and impacts of |
|
the toll project. |
|
Sec. 373.006. LEGAL CHALLENGES CONCLUDED. For the purposes |
|
of this chapter, all legal challenges to development of a toll |
|
project are considered concluded when a judgment or order of a court |
|
with jurisdiction over the challenge becomes final and |
|
unappealable. |
|
[Sections 373.007-373.050 reserved for expansion] |
|
SUBCHAPTER B. PROCESS TO DETERMINE ENTITY TO DEVELOP, FINANCE, |
|
CONSTRUCT, AND OPERATE TOLL PROJECT |
|
Sec. 373.051. INITIATION OF PROCESS. (a) At any time after |
|
a metropolitan planning organization approves the inclusion of a |
|
toll project to be located in the territory of a local toll project |
|
entity in the metropolitan transportation plan, the local toll |
|
project entity may notify the department in writing of the local |
|
toll project entity's intent to initiate the process described in |
|
this subchapter. |
|
(b) At any time after a metropolitan planning organization |
|
approves the inclusion of a toll project to be located in the |
|
territory of a local toll project entity in the metropolitan |
|
transportation plan and all necessary environmental approvals for |
|
the toll project have been secured, the department may notify the |
|
local toll project entity in writing of the department's intent to |
|
initiate the process described in this subchapter. |
|
Sec. 373.052. PUBLIC PROJECT BY LOCAL TOLL PROJECT ENTITY. |
|
(a) A local toll project entity has the first option to develop, |
|
finance, construct, and operate a toll project as a publicly owned |
|
and operated toll project. A local toll project entity has not more |
|
than 180 days after the date on which notification under Section |
|
373.051(a) is provided or notification under Section 373.051(b) is |
|
received to decide whether to exercise the option. The option |
|
period under this subsection may be extended an additional 90 days |
|
by agreement of the department and the local toll project entity. |
|
(b) If a local toll project entity exercises the option |
|
under Subsection (a), the local toll project entity after |
|
exercising the option must: |
|
(1) within 180 days after the later of the date of |
|
exercising its option or the date on which all environmental |
|
approvals necessary for the development of the toll project are |
|
secured and all legal challenges to development are concluded, |
|
advertise for the initial procurement of required services, |
|
including, at a minimum, design services, for the project; and |
|
(2) within two years after the date on which all |
|
environmental approvals necessary for the development are secured |
|
and all legal challenges to development are concluded, enter into a |
|
contract for the construction of the toll project. |
|
Sec. 373.053. PUBLIC PROJECT BY DEPARTMENT. (a) If a local |
|
toll project entity fails or declines to exercise the option to |
|
develop, finance, construct, and operate a toll project under |
|
Section 373.052(a), or fails or declines to advertise for |
|
procurement or enter into a construction contract as required by |
|
Section 373.052(b), the department has the option to develop, |
|
finance, construct, and operate the toll project as a publicly |
|
owned and operated project. The department has not more than 60 |
|
days after the date the local toll project entity fails or declines |
|
to exercise its option under Section 373.052(a) or fails or |
|
declines to advertise for procurement or enter into a construction |
|
contract as required by Section 373.052(b) to decide whether to |
|
exercise its option. |
|
(b) If the department exercises its option under Subsection |
|
(a), the department after exercising the option must: |
|
(1) within 180 days after the later of the date of |
|
exercising its option or the date on which all environmental |
|
approvals necessary for the development of the toll project are |
|
secured and all legal challenges to development are concluded, |
|
advertise for the initial procurement of required services, |
|
including, at a minimum, design services, for the project; and |
|
(2) within two years after the date on which all |
|
environmental approvals necessary for the development are secured |
|
and all legal challenges to development are concluded, enter into a |
|
contract for the construction of the toll project. |
|
Sec. 373.054. PRIVATE PROJECT BY LOCAL TOLL PROJECT ENTITY. |
|
(a) If the department fails or declines to exercise the option to |
|
develop, finance, construct, and operate a toll project under |
|
Section 373.053(a), or fails or declines to advertise for |
|
procurement or enter into a construction contract as required by |
|
Section 373.053(b), the local toll project entity has the option to |
|
develop, finance, construct, and operate the toll project as a |
|
privately operated or controlled toll project. The local toll |
|
project entity has not more than 60 days after the date the |
|
department fails or declines to exercise its option under Section |
|
373.053(a) or fails or declines to advertise for procurement or |
|
enter into a construction contract as required by Section |
|
373.053(b) to decide whether to exercise its option. |
|
(b) If the local toll project entity exercises its option |
|
under Subsection (a), the local toll project entity after |
|
exercising the option must: |
|
(1) within 180 days after the later of the date of |
|
exercising its option or the date on which all environmental |
|
approvals necessary for the development of the toll project are |
|
secured and all legal challenges to development are concluded, |
|
advertise for the initial procurement of required services, |
|
including, at a minimum, design services, for the project; and |
|
(2) within two years after the date on which all |
|
environmental approvals necessary for the development are secured |
|
and all legal challenges to development are concluded, enter into a |
|
contract for the construction of the toll project. |
|
Sec. 373.055. PRIVATE PROJECT BY DEPARTMENT. (a) If a |
|
local toll project entity fails or declines to exercise the option |
|
to develop, finance, construct, and operate a toll project under |
|
Section 373.054(a), or fails or declines to advertise for |
|
procurement or enter into a construction contract as required by |
|
Section 373.054(b), the department has the option to develop, |
|
finance, construct, and operate the toll project as a privately |
|
operated or controlled toll project. The department has not more |
|
than 60 days after the date the local toll project entity fails or |
|
declines to exercise its option under Section 373.054(a) or fails |
|
or declines to advertise for procurement or enter into a |
|
construction contract as required by Section 373.054(b) to decide |
|
whether to exercise its option. |
|
(b) If the department exercises its option under Subsection |
|
(a), the department after exercising the option must: |
|
(1) within 180 days after the later of the date of |
|
exercising its option or the date on which all environmental |
|
approvals necessary for the development of the toll project are |
|
secured and all legal challenges to development are concluded, |
|
advertise for the initial procurement of required services, |
|
including, at a minimum, design services, for the project; and |
|
(2) within two years after the date on which all |
|
environmental approvals necessary for the development are secured |
|
and all legal challenges to development are concluded, enter into a |
|
contract for the construction of the toll project. |
|
Sec. 373.056. RE-INITIATION OF PROCESS. If the process |
|
described by Sections 373.051, 373.052, 373.053, 373.054, and |
|
373.055 concludes without the local toll project entity or the |
|
department entering into a contract for the construction of the |
|
toll project, either entity may re-initiate the process under this |
|
subchapter by submitting notice to the other entity in the manner |
|
provided by Section 373.051. |
|
Sec. 373.057. ALTERATION OF PROCESS. (a) The department or |
|
the applicable local toll project entity may waive any step or steps |
|
of the process under this subchapter. |
|
(b) The department and the applicable toll project entity |
|
may, by written agreement, extend any time limit under this |
|
subchapter. |
|
Sec. 373.058. SHARING OF PROJECT-RELATED INFORMATION. (a) |
|
If a local toll project entity or the department fails or declines |
|
to exercise an option or fails or declines to advertise for |
|
procurement or enter into a construction contract under Section |
|
373.052, 373.053, 373.054, or 373.055, the local toll project |
|
entity or the department, as applicable, must make available its |
|
traffic estimates, revenue estimates, plans, specifications, |
|
surveys, appraisals, and other work product developed for the toll |
|
project to the other entity. |
|
(b) On entering into a contract for the construction of the |
|
toll project, the department or the local toll project entity, as |
|
applicable, shall reimburse the other entity for shared project |
|
work product that it uses. |
|
Sec. 373.059. QUARTERLY PROGRESS REPORTS. After the |
|
department or a local toll project entity exercises an option under |
|
this subchapter, the department or local toll project entity, as |
|
applicable, shall issue a quarterly report on the progress of the |
|
development of the toll project. The report shall be made available |
|
to the public. |
|
Sec. 373.060. ENVIRONMENTAL REVIEW. (a) The department or |
|
the local toll project entity may begin any environmental review |
|
process that may be required for a proposed toll project before |
|
initiating the process under this subchapter. |
|
(b) If a local toll project entity initiates the process for |
|
development of a toll project under Section 373.051(a) and has not |
|
begun the environmental review of the project, the local toll |
|
project entity shall begin the environmental review within 180 days |
|
of exercising the option. |
|
[Sections 373.061-373.100 reserved for expansion] |
|
SUBCHAPTER C. USE OF RIGHT-OF-WAY BY LOCAL TOLL PROJECT ENTITY |
|
Sec. 373.101. USE OF STATE HIGHWAY RIGHT-OF-WAY. (a) |
|
Consistent with federal law, the commission and the department |
|
shall assist a local toll project entity in the development, |
|
financing, construction, and operation of a toll project for which |
|
the local toll project entity has exercised its option to develop, |
|
finance, construct, and operate the project under Subchapter B by |
|
allowing the local toll project entity to use state highway |
|
right-of-way and to access the state highway system as necessary to |
|
construct and operate the toll project. |
|
(b) Notwithstanding any other law, the toll project entity |
|
and the commission may agree to remove the toll project from the |
|
state highway system and transfer ownership to the local toll |
|
project entity. |
|
Sec. 373.102. REIMBURSEMENT FOR USE OF STATE HIGHWAY |
|
RIGHT-OF-WAY. (a) The commission or the department may not require |
|
a local toll project entity to pay for the use of state highway |
|
right-of-way or access, except: |
|
(1) to reimburse the department for actual costs |
|
incurred by the department that are owed to a third party, including |
|
the federal government, as a result of that use by the local toll |
|
project entity; and |
|
(2) as required under Subsection (b). |
|
(b) A local toll project entity shall reimburse the |
|
department for the department's actual costs to acquire the |
|
right-of-way in the manner provided in the payment schedule agreed |
|
to by the department and the local toll project entity. If the |
|
department cannot determine that amount, the amount must be |
|
determined based on the average historical right-of-way |
|
acquisition values for comparable right-of-way located in |
|
proximity to the project on the date of original acquisition of the |
|
right-of-way. |
|
(c) In lieu of reimbursement, the local toll project entity |
|
may agree to pay to the department, for an agreed period of time, a |
|
portion of the net revenues of the project. |
|
(d) Money received by the department under this section |
|
shall be deposited in the state highway fund and, except for |
|
reimbursement for costs owed to a third party, used to fund |
|
additional projects in the department district in which the toll |
|
project is located. |
|
(e) The commission or department may waive the requirement |
|
of reimbursement under this section. |
|
Sec. 373.103. AGREEMENT FOR USE OF RIGHT-OF-WAY. A local |
|
toll project entity shall enter into an agreement with the |
|
department for any project for which the entity has exercised its |
|
option to develop, finance, construct, and operate the project |
|
under Subchapter B and for which the entity intends to use state |
|
highway right-of-way. The agreement must contain provisions |
|
necessary to ensure that the local toll project entity's |
|
construction, maintenance, and operation of the project complies |
|
with the requirements of applicable state and federal law. |
|
Sec. 373.104. LIABILITY FOR DAMAGES. (a) Notwithstanding |
|
any other law, the commission and the department are not liable for |
|
any damages that result from a local toll project entity's use of |
|
state highway right-of-way or access to the state highway system |
|
under this subchapter, regardless of the legal theory, statute, or |
|
cause of action under which liability is asserted. |
|
(b) An agreement entered into by a local toll project entity |
|
and the department in connection with a toll project that is |
|
financed, constructed, or operated by the local toll project entity |
|
and that is on or directly connected to a highway in the state |
|
highway system does not create a joint enterprise for liability |
|
purposes. |
|
Sec. 373.105. COMPLIANCE WITH FEDERAL LAW. Notwithstanding |
|
an action taken by a local toll project entity under this |
|
subchapter, the commission or department may take any action that |
|
in its reasonable judgment is necessary to comply with any federal |
|
requirement to enable this state to receive federal-aid highway |
|
funds. |
|
SECTION 16. The following sections are repealed: |
|
(1) Sections 228.0111 and 228.012, Transportation |
|
Code; and |
|
(2) Section 371.052(c), Transportation Code, as added |
|
by Section 11.01, Chapter 264 (S.B. 792), Acts of the 80th |
|
Legislature, Regular Session, 2007. |
|
SECTION 17. This Act takes effect September 1, 2009. |