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SENATE RESOLUTION
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BE IT RESOLVED by the Senate of the State of Texas, 82nd |
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Legislature, Regular Session, 2011, That Senate Rule 12.03 be |
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suspended in part as provided by Senate Rule 12.08 to enable the |
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conference committee appointed to resolve the differences on |
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Senate Bill 1420 (continuation and functions of the Texas |
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Department of Transportation; providing penalties) to consider |
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and take action on the following matters: |
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(1) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding Subchapter F-1 to Chapter |
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201, Transportation Code, and adding a related nonamendatory |
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provision: |
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SECTION 15. (a) Chapter 201, Transportation Code, is |
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amended by adding Subchapter F-1 to read as follows: |
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SUBCHAPTER F-1. COMPLIANCE PROGRAM |
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Sec. 201.451. ESTABLISHMENT AND PURPOSE. The commission |
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shall establish a compliance program, which must include a |
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compliance office to oversee the program. The compliance office |
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is responsible for: |
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(1) acting to prevent and detect serious breaches of |
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departmental policy, fraud, waste, and abuse of office, |
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including any acts of criminal conduct within the department; |
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(2) independently and objectively reviewing, |
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investigating, delegating, and overseeing the investigation of: |
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(A) conduct described by Subdivision (1); |
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(B) criminal activity in the department; |
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(C) allegations of wrongdoing by department |
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employees; |
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(D) crimes committed on department property; |
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and |
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(E) serious breaches of department policy; |
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(3) overseeing the operation of the telephone |
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hotline established under Section 201.211; |
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(4) ensuring that members of the commission and |
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department employees receive appropriate ethics training; and |
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(5) performing other duties assigned to the office |
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by the commission. |
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Sec. 201.452. INVESTIGATION OVERSIGHT. (a) The |
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compliance office has primary jurisdiction for oversight and |
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coordination of all investigations occurring on department |
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property or involving department employees. |
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(b) The compliance office shall coordinate and provide |
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oversight for an investigation under this subchapter, but the |
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compliance office is not required to conduct the investigation. |
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(c) The compliance office shall continually monitor an |
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investigation conducted within the department, and shall report |
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to the commission on the status of pending investigations. |
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Sec. 201.453. INITIATION OF INVESTIGATIONS. The |
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compliance office may only initiate an investigation based on: |
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(1) authorization from the commission; |
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(2) approval of the director of the compliance |
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office; |
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(3) approval of the director or deputy executive |
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director of the department; or |
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(4) commission rules. |
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Sec. 201.454. REPORTS. (a) The compliance office shall |
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report directly to the commission regarding performance of and |
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activities related to investigations and provide the director |
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with information regarding investigations as appropriate. |
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(b) The director of the compliance office shall present |
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to the commission at each regularly scheduled commission meeting |
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and at other appropriate times: |
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(1) reports of investigations; and |
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(2) a summary of information relating to |
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investigations conducted under this subchapter that includes |
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analysis of the number, type, and outcome of investigations, |
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trends in investigations, and recommendations to avoid future |
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complaints. |
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Sec. 201.455. COOPERATION WITH LAW ENFORCEMENT OFFICIALS |
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AND OTHER ENTITIES. (a) The director of the compliance office |
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shall provide information and evidence relating to criminal acts |
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to the state auditor's office and appropriate law enforcement |
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officials. |
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(b) The director of the compliance office shall refer |
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matters for further civil, criminal, and administrative action |
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to appropriate administrative and prosecutorial agencies, |
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including the attorney general. |
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Sec. 201.456. AUTHORITY OF STATE AUDITOR. This |
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subchapter or other law related to the operation of the |
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department's compliance program does not preempt the authority |
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of the state auditor to conduct an audit or investigation under |
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Chapter 321, Government Code, or other law. |
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(b) Not later than January 1, 2013, the Texas Department |
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of Transportation shall submit a report to the legislature on the |
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effectiveness of the compliance program described by Subchapter |
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F-1, Chapter 201, Transportation Code, as added by this Act, and |
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any recommended changes in law to increase the effectiveness of |
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the compliance program. |
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Explanation: The addition of text is necessary to |
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establish a compliance program in the Texas Department of |
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Transportation. |
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(2) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following language to |
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Section 222.106(i), Transportation Code: |
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(i) . . . A municipality may issue bonds to pay all or |
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part of the cost of the transportation project and may pledge and |
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assign all or a specified amount of money in the tax increment |
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account to secure repayment of those bonds. |
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Explanation: The addition of text is necessary to allow a |
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municipality to issue bonds to pay all or part of the cost of a |
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transportation project and pledge and assign all or a specified |
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amount of money in a tax increment account to secure repayment of |
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those bonds. |
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(3) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following language to |
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Section 222.107(f), Transportation Code: |
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(f) The order or resolution designating an area as a |
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transportation reinvestment zone must: |
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. . . |
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(5) establish an ad valorem tax increment account |
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for the zone. |
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Explanation: The addition of text is necessary to |
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authorize a county to establish an ad valorem tax increment |
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account for a transportation reinvestment zone. |
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(4) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following language to |
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Section 222.107(h), Transportation Code: |
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(h) The commissioners court may: |
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(1) from taxes collected on property in a zone, pay |
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into a tax increment account for the zone an amount equal to the |
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tax increment produced by the county less any amounts allocated |
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under previous agreements, including agreements under Section |
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381.004, Local Government Code, or Chapter 312, Tax Code; |
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. . . . |
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Explanation: The addition of text is necessary to allow a |
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county to pay into a tax increment account certain amounts from |
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taxes collected on property in a transportation reinvestment |
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zone. |
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(5) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following language to |
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Section 222.107, Transportation Code: |
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(i-1) In the event a county collects a tax increment, it |
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may issue bonds to pay all or part of the cost of a transportation |
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project and may pledge and assign all or a specified amount of |
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money in the tax increment account to secure those bonds. |
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Explanation: The addition of text is necessary to allow a |
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county to issue bonds to pay all or part of the cost of a |
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transportation project and pledge and assign all or a specified |
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amount of money in a tax increment account to secure those bonds. |
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(6) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by adding the following provision |
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to Subchapter E, Chapter 223, Transportation Code, and adding a |
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related nonamendatory provision: |
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Sec. 223.2012. NORTH TARRANT EXPRESS PROJECT PROVISIONS. |
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(a) In this section, the North Tarrant Express project is the |
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project described by Section 223.201(f)(3) entered into on June |
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23, 2009. |
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(b) The comprehensive development agreement for the |
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North Tarrant Express project may provide for negotiating and |
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entering into facility agreements for future phases or segments |
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of the project at the times that the department considers |
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advantageous to the department. |
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(c) The department is not required to use any further |
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competitive procurement process to enter into one or more related |
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facility agreements with the developer or an entity controlled |
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by, to be controlled by, or to be under common control with the |
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developer under the comprehensive development agreement for the |
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North Tarrant Express project. |
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(d) A facility agreement for the North Tarrant Express |
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project must terminate on or before June 22, 2061. A facility |
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agreement may not be extended or renewed beyond that date. |
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(e) The department may include or negotiate any matter in |
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a comprehensive development agreement for the North Tarrant |
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Express project that the department considers advantageous to |
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the department. |
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(f) The comprehensive development agreement for the |
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North Tarrant Express project may provide the developer or an |
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entity controlled by, to be controlled by, or to be under common |
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control with the developer with a right of first negotiation |
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under which the developer may elect to negotiate with the |
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department and enter into one or more related facility agreements |
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for future phases or segments of the project. |
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(b) This Act does not validate any governmental act or |
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decision that: |
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(1) is inconsistent with . . . Section 223.2012, |
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Transportation Code, as added by this Act, relating to the North |
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Tarrant Express Project; |
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. . . . |
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Explanation: The addition of text is necessary to |
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implement provisions related to the comprehensive development |
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agreement entered into for the North Tarrant Express Project. |
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(7) Senate Rule 12.03(4) is suspended to permit the |
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committee to add text on a matter not included in either the house |
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or senate version of the bill by making the following changes to |
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Section 621.102, Transportation Code: |
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Sec. 621.102. [COMMISSION'S] AUTHORITY TO SET MAXIMUM |
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WEIGHTS. (a) The executive director of the Texas Department of |
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Transportation [commission] may set the maximum single axle |
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weight, tandem axle weight, or gross weight of a vehicle, or |
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maximum single axle weight, tandem axle weight, or gross weight |
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of a combination of vehicles and loads, that may be moved over a |
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state highway or a farm or ranch road if the executive director |
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[commission] finds that heavier maximum weight would rapidly |
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deteriorate or destroy the road or a bridge or culvert along the |
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road. A maximum weight set under this subsection may not exceed |
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the maximum set by statute for that weight. |
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(b) [The commission must set a maximum weight under this
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section by order entered in its minutes.
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[(c)] The executive director of the Texas Department of |
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Transportation [commission] must make the finding under this |
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section on an engineering and traffic investigation and in making |
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the finding shall consider the width, condition, and type of |
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pavement structures and other circumstances on the road. |
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(c) [(d)] A maximum weight or load set under this section |
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becomes effective on a highway or road when appropriate signs |
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giving notice of the maximum weight or load are erected on the |
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highway or road by the Texas Department of Transportation under |
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order of the commission. |
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(d) [(e)] A vehicle operating under a permit issued under |
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Section 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, |
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623.192, or 623.212 may operate under the conditions authorized |
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by the permit over a road for which the executive director of the |
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Texas Department of Transportation [commission] has set a |
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maximum weight under this section. |
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(e) [(f)] For the purpose of this section, a farm or |
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ranch road is a state highway that is shown in the records of the |
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commission to be a farm-to-market or ranch-to-market road. |
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(f) [(g)] This section does not apply to a vehicle |
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delivering groceries, farm products, or liquefied petroleum gas. |
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Explanation: The addition of text is necessary to allow |
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the executive director of the Texas Department of Transportation |
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to set maximum weights for state highways, roads, and bridges. |
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_______________________________ |
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President of the Senate |
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I hereby certify that the |
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above Resolution was adopted by |
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the Senate on May 28, 2011, by the |
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following vote: Yeas 31, Nays 0. |
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_______________________________ |
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Secretary of the Senate |