82R2318 JTS-D

By: Watson S.B. No. 1541

A BILL TO BE ENTITLED

AN ACT

relating to the inclusion of certain emissions reduction projects or activities in the cost of a transportation project of a regional mobility authority.

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

SECTION 1. Section 370.004(a), Transportation Code, is amended to read as follows:

(a) The cost of acquisition, construction, improvement, extension, or expansion of a transportation project under this chapter includes the cost of:

(1) the actual acquisition, construction, improvement, extension, or expansion of the transportation project;

(2) the acquisition of real property, rights-of-way, property rights, easements, and other interests in real property;

(3) machinery and equipment;

(4) interest payable before, during, and for not more than three years after acquisition, construction, improvement, extension, or expansion as provided in the bond proceedings;

(5) traffic estimates, revenue estimates, engineering and legal services, plans, specifications, surveys, appraisals, construction cost estimates, and other expenses necessary or incidental to determining the feasibility of the acquisition, construction, improvement, extension, or expansion;

(6) necessary or incidental administrative, legal, and other expenses;

(7) compliance with laws, regulations, and administrative rulings, including any costs associated with necessary environmental mitigation measures;

(8) financing;

(9) the assumption of debts, obligations, and liabilities of an entity relating to a transportation project transferred to an authority by that entity; [and]

(10) expenses related to the initial operation of the transportation project; and

(11) a project or activity designed to reduce nitrogen oxide emissions associated with the transportation project, to the extent authorized under Section 370.111.

SECTION 2. Section 370.111, Transportation Code, is amended by adding Subsection (j) to read as follows:

(j) The cost of a project or activity designed to reduce nitrogen oxide emissions associated with a transportation project may be considered a cost of the transportation project for the purposes of issuing bonds under this section to the extent that the cost of the emissions reduction project or activity does not exceed one-quarter of one percent of the total cost of the transportation 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, 2011.