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A BILL TO BE ENTITLED
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AN ACT
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relating to repeal of authority for the establishment and operation |
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of the Trans-Texas Corridor. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 11.11(j), Tax Code, is amended to read as |
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follows: |
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(j) For purposes of this section, any portion of a facility |
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owned by the Texas Department of Transportation that is [part of the
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Trans-Texas Corridor, is] a rail facility or system[,] or is a |
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highway in the state highway system, and that is licensed or leased |
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to a private entity by that department under Chapter 91 or[,] 223, |
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[or 227,] Transportation Code, is public property used for a public |
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purpose if the rail facility or system, highway, or facility is |
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operated by the private entity to provide transportation or utility |
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services. Any part of a facility, rail facility or system, or state |
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highway that is licensed or leased to a private entity for a |
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commercial purpose is not exempt from taxation. |
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SECTION 2. Section 25.06(c), Tax Code, is amended to read as |
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follows: |
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(c) This section does not apply to: |
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(1) any portion of a facility owned by the Texas |
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Department of Transportation that is [part of the Trans-Texas
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Corridor, is] a rail facility or system[,] or is a highway in the |
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state highway system and that is licensed or leased to a private |
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entity by that department under Chapter 91[, 227, or 361], |
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Transportation Code; or |
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(2) a leasehold or other possessory interest granted |
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by the Texas Department of Transportation in a facility owned by |
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that department that is [part of the Trans-Texas Corridor, is] a |
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rail facility or system[,] or is a highway in the state highway |
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system. |
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SECTION 3. Section 25.07(c), Tax Code, is amended to read as |
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follows: |
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(c) Subsection (a) does not apply to: |
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(1) any portion of a facility owned by the Texas |
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Department of Transportation that is [part of the Trans-Texas
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Corridor, is] a rail facility or system[,] or is a highway in the |
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state highway system and that is licensed or leased to a private |
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entity by that department under Chapter 91[, 227, or 361], |
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Transportation Code; or |
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(2) a leasehold or other possessory interest granted |
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by the Texas Department of Transportation in a facility owned by |
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that department that is [part of the Trans-Texas Corridor, is] a |
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rail facility or system[,] or is a highway in the state highway |
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system. |
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SECTION 4. Sections 201.616(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) Not later than December 1 of each year, the department |
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shall submit a report to the legislature that details: |
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(1) the expenditures made by the department in the |
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preceding state fiscal year in connection with: |
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(A) the unified transportation program of the |
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department; |
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(B) turnpike projects and toll roads of the |
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department; and |
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(C) [the Trans-Texas Corridor;
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[(D)] rail facilities described in Chapter 91; |
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[and
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[(E)
non-highway facilities on the Trans-Texas
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Corridor if those expenditures are subject to Section 227.062(c);] |
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(2) the amount of bonds or other public securities |
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issued for transportation projects; and |
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(3) the direction of money by the department to a |
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regional mobility authority in this state. |
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(b) The report must break down information under Subsection |
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(a)(1)(A) by program category and department district. The report |
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must break down information under Subsections (a)(1)(B) and[,] |
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(C)[, (D), and (E)] and Subsection (a)(3) by department district. |
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The report must break down information under Subsection (a)(2) by |
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department district and type of project. |
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SECTION 5. Section 202.112(a), Transportation Code, is |
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amended to read as follows: |
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(a) The commission may purchase an option to acquire |
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property for possible use in or in connection with a transportation |
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facility[, including a facility as defined by Section 227.001,] |
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before a final decision has been made as to whether the |
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transportation facility will be located on that property. |
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SECTION 6. Section 222.003(e), Transportation Code, is |
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amended to read as follows: |
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(e) The proceeds of bonds and other public securities issued |
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under this section may not be used for any purpose other than any |
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costs related to the bonds and other public securities and the |
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purposes for which revenues are dedicated under Section 7-a, |
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Article VIII, Texas Constitution. [The proceeds of bonds and other
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public securities issued under this section may not be used for the
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construction of a state highway or other facility on the
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Trans-Texas Corridor. For purposes of this section, the
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"Trans-Texas Corridor" means the statewide system of multimodal
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facilities under the jurisdiction of the department that is
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designated by the commission, notwithstanding the name given to
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that corridor.] |
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SECTION 7. Section 223.201(a), Transportation Code, is |
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amended to read as follows: |
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(a) Subject to Section 223.202, the department may enter |
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into a comprehensive development agreement with a private entity to |
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design, develop, finance, construct, maintain, repair, operate, |
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extend, or expand a: |
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(1) toll project; |
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(2) [facility or a combination of facilities on the
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Trans-Texas Corridor;
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[(3)] state highway improvement project that includes |
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both tolled and nontolled lanes and may include nontolled |
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appurtenant facilities; |
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(3) [(4)] state highway improvement project in which |
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the private entity has an interest in the project; or |
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(4) [(5)] state highway improvement project financed |
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wholly or partly with the proceeds of private activity bonds, as |
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defined by Section 141(a), Internal Revenue Code of 1986. |
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SECTION 8. Section 223.206(d), Transportation Code, is |
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amended to read as follows: |
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(d) The department may not enter into a comprehensive |
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development agreement with a private entity under this subchapter |
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[or Section 227.023] that provides for the lease, license, or other |
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use of rights-of-way or related property by the private entity for |
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the purpose of constructing, operating, or maintaining an ancillary |
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facility that is used for commercial purposes. |
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SECTION 9. Sections 223.208(b), (c), (e), and (f), |
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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 [or Section 227.023(c)] may include any |
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provision that the department considers appropriate, including |
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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 interest |
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of a private participant in the comprehensive development agreement |
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and related property, 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 incurred |
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pursuant to the comprehensive development agreement, including any |
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obligation to pay the purchase price for the interest of a private |
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participant in the comprehensive development agreement, from any |
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lawfully available source, including securing such obligations by a |
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pledge of revenues of the commission or the department derived from |
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the applicable project, which pledge shall have such priority as |
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the department may establish; |
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(4) permitting the private participant to pledge its |
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rights under the comprehensive development agreement; |
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(5) concerning the private participant's right to |
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operate and collect revenue from the project; and |
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(6) restricting the right of the commission or the |
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department to terminate the private participant's right to operate |
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and collect revenue from the project unless and until any |
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applicable termination payments have been made. |
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(c) The department may enter into a comprehensive |
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development agreement under this subchapter [or under Section
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227.023(c)] with a private participant only if the project is |
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identified in the department's unified transportation program or is |
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located on a transportation corridor identified in the statewide |
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transportation plan. |
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(e) Notwithstanding anything in Section 201.112 or other |
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law to the contrary, and subject to compliance with the dispute |
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resolution procedures set out in the comprehensive development |
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agreement, an obligation of the commission or the department under |
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a comprehensive development agreement entered into under this |
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subchapter [or Section 227.023(c)] to make or secure payments to a |
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person because of the termination of the agreement, including the |
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purchase of the interest of a private participant or other investor |
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in a project, may be enforced by mandamus against the commission, |
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the department, and the comptroller in a district court of Travis |
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County, and the sovereign immunity of the state is waived for that |
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purpose. The district courts of Travis County shall have exclusive |
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jurisdiction and venue over and to determine and adjudicate all |
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issues necessary to adjudicate any action brought under this |
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subsection. The remedy provided by this subsection is in addition |
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to any legal and equitable remedies that may be available to a party |
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to a comprehensive development agreement. |
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(f) A comprehensive development agreement entered into |
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under this subchapter [or Section 227.023(c)] and any obligations |
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incurred, issued, or owed under the agreement does not constitute a |
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state security under Chapter 1231, Government Code. |
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SECTION 10. Section 371.001(2), Transportation Code, is |
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amended to read as follows: |
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(2) "Toll project entity" means an entity authorized |
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by law to acquire, design, construct, operate, and maintain a toll |
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project, including: |
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(A) the department[, including under Chapter
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227]; |
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(B) a regional tollway authority under Chapter |
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366; |
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(C) a regional mobility authority under Chapter |
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370; or |
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(D) a county under Chapter 284. |
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SECTION 11. Section 372.001(2), Transportation Code, is |
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amended to read as follows: |
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(2) "Toll project entity" means an entity authorized |
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by law to acquire, design, construct, finance, operate, and |
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maintain a toll project, including: |
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(A) the department under Chapter [227 or] 228; |
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(B) a regional tollway authority under Chapter |
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366; |
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(C) a regional mobility authority under Chapter |
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370; or |
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(D) a county under Chapter 284. |
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SECTION 12. The following provisions of the Transportation |
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Code are repealed: |
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(1) Section 201.618(e); |
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(2) Chapter 227; |
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(3) Section 284.0032; |
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(4) Section 366.305; |
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(5) Section 370.316; and |
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(6) Section 545.3531. |
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SECTION 13. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2011. |