83R9507 JAM-F

By: Phillips H.B. No. 2743

A BILL TO BE ENTITLED

AN ACT

relating to the powers and jurisdiction of a regional mobility authority.

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

SECTION 1. Sections 370.033(c) and (f), Transportation Code, are amended to read as follows:

(c) An authority may[, if requested by the commission,] perform any function not specified by this chapter to promote or develop a transportation project [in the authority's area of jurisdiction].

(f) An authority and a governmental entity may enter into a contract, agreement, interlocal agreement, or other similar arrangement under which the authority may acquire, plan, design, construct, maintain, repair, or operate a transportation project on behalf of the governmental entity, regardless of whether the project is located in the authority's area of jurisdiction. An authority may enter into a contract or agreement with the department under which the authority will acquire, plan, construct, develop, operate, repair, or maintain a transportation project on behalf of the department[, subject to the transportation project being in the authority's area of jurisdiction]. A contract or agreement under this subsection may contain terms and conditions as may be approved by an authority, including payment obligations of the governmental entity and the authority.

SECTION 2. Section 370.161, Transportation Code, is amended to read as follows:

Sec. 370.161. TRANSPORTATION PROJECTS EXTENDING INTO OTHER COUNTIES. [(a)] An authority may study, evaluate, design, finance, acquire, construct, operate, maintain, repair, expand, or extend a transportation project [only] in:

(1) a county that is a part of the authority;

(2) a county in this state that is not a part of the authority if the county and authority enter into an agreement under Section 370.033(f)[:

[(A) the transportation project in that county is a continuation of a transportation project of the authority extending from a county adjacent to that county;

[(B) the county is given an opportunity to become part of the authority on terms and conditions acceptable to the authority and that county; and

[(C) the commissioners court of the county agrees to the proposed acquisition, construction, operation, maintenance, expansion, or extension of the transportation project in that county]; or

(3) a county in another state or the United Mexican States if:

(A) each governing body of a political subdivision in which the project will be located agrees to the proposed study, evaluation, design, financing, acquisition, construction, operation, maintenance, repair, expansion, or extension;

(B) the project will bring significant benefits to the counties in this state that are part of the authority;

(C) the county in the other state is adjacent to a county that [is]:

(i) is part of the authority studying, evaluating, designing, financing, acquiring, constructing, operating, maintaining, repairing, expanding, or extending the transportation project; and

(ii) has a municipality with a population of 500,000 or more; and

(D) the governor approves the proposed study, evaluation, design, financing, acquisition, construction, operation, maintenance, repair, expansion, or extension.

SECTION 3. Section 370.181(b), Transportation Code, is amended to read as follows:

(b) An authority may enter into an agreement with one or more persons to provide, on terms and conditions approved by the authority, personnel and services to design, construct, operate, maintain, expand, enlarge, or extend a [the] transportation project owned or operated by [of] the authority.

SECTION 4. 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, 2013.