84R5872 JTS-D

By: Burns H.B. No. 1394

A BILL TO BE ENTITLED

AN ACT

relating to the composition, governance, and authority of a regional tollway authority that has or proposes to have projects located in counties that are not part of the authority.

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

SECTION 1. Section 366.031, Transportation Code, is amended by adding Subsection (e) to read as follows:

(e) A county that is not part of an authority and in which an authority turnpike project is located becomes part of the authority on the date the authority determines that:

(1) recorded electronic toll collections at toll assessment facilities located in the county account for not less than four percent of all recorded electronic toll collections on all of the authority's turnpike projects; and

(2) the population of the county is at least four percent of the aggregate population of all the counties of the authority, not including the county that will become part of the authority.

SECTION 2. Subchapter B, Chapter 366, Transportation Code, is amended by adding Section 366.0311 to read as follows:

Sec. 366.0311. ADVISORY COMMITTEE FOR PROJECTS LOCATED OUTSIDE AUTHORITY. (a) At the time an authority enters into a primary construction contract for its first project to be located in a county that is not part of the authority, the authority shall create an advisory committee to advise the board on matters related to projects located in counties that are not part of the authority.

(b) The advisory committee must be composed of:

(1) the director of the authority appointed by the governor, who serves as the chair of the committee;

(2) an additional director of the authority appointed by the presiding officer of the board as the presiding officer deems appropriate; and

(3) one member from each county that is not part of the authority and in which a project is proposed to be located, to be appointed by the commissioners court of that county at the time a primary construction contract for the project is entered into.

(c) An advisory committee member appointed under Subsection (b)(3) is not a director of the authority for the purposes of Section 366.251 or any other purpose.

(d) The board may adopt rules governing the operation and duties of an advisory committee.

SECTION 3. Section 366.161, Transportation Code, is amended to read as follows:

Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER COUNTIES. An authority may acquire, construct, operate, maintain, expand, or extend a turnpike project in:

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

(2) subject to Sections 366.031(e) and 366.0311, a county in which the authority operates or is constructing a turnpike project if the turnpike project in the affected county is a continuation of the authority's turnpike project or system extending from an adjacent county.

SECTION 4. Section 366.251(c), Transportation Code, is amended to read as follows:

(c) In addition to directors appointed by a commissioners court under Subsection (b), the commissioners courts of each county that created the authority under Section 366.031 [of the authority] shall appoint one additional director [if the county is:

[(1) a county that created the authority under Section 366.031; or

[(2) a county in which all or part of a turnpike project of not less than 10 centerline miles in length is located and has been open for use by the traveling public for at least three years].

SECTION 5. This Act takes effect September 1, 2015.