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A BILL TO BE ENTITLED
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AN ACT
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relating to the provision of financial assistance by the Texas |
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Department of Transportation to other toll project entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 222.103(a) and (c), Transportation |
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Code, are amended to read as follows: |
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(a) The department may participate, by spending money from |
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any available source, in the cost of the acquisition, construction, |
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maintenance, or operation of a toll facility by a transportation |
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corporation created by the commission under Chapter 431 [of a
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public or private entity] on terms and conditions established by |
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the commission. The commission[:
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[(1)] may require the repayment of any money spent by |
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the department for the cost of a toll facility [of a public entity;
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and
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[(2)
shall require the repayment of any money spent by
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the department for the cost of a toll facility of a private entity]. |
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(c) A bond or other debt obligation issued by a |
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transportation corporation [public or private entity] to finance |
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the cost of a toll facility in which the department participates is |
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an obligation of the issuing entity and is not an obligation of this |
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state. |
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SECTION 2. Section 284.003(d), Transportation Code, is |
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amended to read as follows: |
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(d) If the county constructs, acquires, improves, operates, |
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maintains, or pools a project under this chapter, before December |
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31 of each even-numbered year the county shall submit to the |
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department a plan for the project that includes the time schedule |
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for the project and describes the use of project funds. The plan |
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may provide for and permit the use of project funds and other |
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money[, including state or federal funds,] available to the county |
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for roads, streets, highways, and other related facilities in the |
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county that are not part of a project under this chapter. A plan is |
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not subject to approval, supervision, or regulation by the |
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commission or the department, except that: |
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(1) [any use of state or federal highway funds must be
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approved by the commission;
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[(2)] any work on a highway in the state highway system |
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must be approved by the department; and |
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(2) [(3)] the department shall supervise and regulate |
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work on a highway in the state highway system. |
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SECTION 3. Section 284.006, Transportation Code, is amended |
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to read as follows: |
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Sec. 284.006. FEDERAL OR STATE AID. (a) A county may: |
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(1) accept from the United States or this state |
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assistance or a loan, gift, grant, or contribution to acquire, |
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construct, improve, maintain, pool, or operate a project under this |
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chapter; and |
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(2) enter into agreements with the United States or |
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this state for the acquisition, construction, improvement, |
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maintenance, pooling, or operation of the project. |
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(b) The commission or the department may provide a loan, |
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grant, contribution, or other assistance to a county for a project |
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only if the project: |
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(1) is in the state highway system; and |
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(2) is designed, constructed, operated, repaired, or |
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maintained by the county on behalf of the department. |
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SECTION 4. Section 284.008(a), Transportation Code, is |
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amended to read as follows: |
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(a) The commission may: |
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(1) [provide for and contribute toward the
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acquisition, construction, improvement, operation, maintenance, or
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pooling of a project under this chapter and under terms to which the
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commission and the local government corporation or county agree
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that are consistent with the rights of bondholders or a person
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operating the project under a lease or other contract;
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[(2)] lease a project under terms: |
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(A) to which the county or local government |
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corporation acting under this chapter and the commission agree; and |
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(B) that are consistent with the bond instrument; |
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and |
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(2) [(3)] declare any part of a project under this |
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chapter to be a part of the state highway system and operate any |
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part of a project as part of the state highway system, to the extent |
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that property and contract rights in the project and bonds are not |
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affected unfavorably. |
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SECTION 5. Section 366.033, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (m) to read as |
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follows: |
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(a) An authority, acting through its board, without state |
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approval, supervision, or regulation, may: |
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(1) adopt rules for the regulation of its affairs and |
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the conduct of its business; |
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(2) adopt an official seal; |
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(3) study, evaluate, design, acquire, construct, |
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maintain, repair, and operate turnpike projects, individually or as |
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one or more systems; |
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(4) acquire, hold, and dispose of property in the |
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exercise of its powers and the performance of its duties under this |
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chapter; |
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(5) enter into contracts or operating agreements with |
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similar authorities or agencies of the United States, a state of the |
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United States, the United Mexican States, or a state of the United |
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Mexican States; |
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(6) enter into contracts or agreements necessary or |
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incidental to its duties and powers under this chapter; |
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(7) cooperate and work directly with property owners |
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and governmental agencies and officials to support an activity |
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required to promote or develop a turnpike project or system; |
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(8) employ and set the compensation and benefits of |
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administrators, consulting engineers, attorneys, accountants, |
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construction and financial experts, superintendents, managers, |
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full-time and part-time employees, agents, consultants, and such |
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other persons as the authority considers necessary or useful; |
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(9) receive loans, gifts, grants, and other |
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contributions for the construction of a turnpike project or system |
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and receive contributions of money, property, labor, or other |
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things of value from any source, including the United States, a |
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state of the United States, the United Mexican States, a state of |
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the United Mexican States, [the commission, the department,] any |
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subdivision of the state, or any other local governmental or |
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private entity, to be used for the purposes for which the grants or |
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contributions are made, and enter into any agreement necessary for |
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the grants or contributions; |
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(10) install, construct, maintain, repair, renew, |
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relocate, and remove public utility facilities in, on, along, over, |
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or under a turnpike project; |
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(11) organize a corporation under Chapter 431 for the |
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promotion and development of turnpike projects and systems; |
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(12) adopt and enforce rules not inconsistent with |
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this chapter for the use of any turnpike project or system, |
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including traffic and other public safety rules; |
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(13) enter into leases, operating agreements, service |
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agreements, licenses, franchises, and similar agreements with |
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public or private parties governing the parties' use of all or any |
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portion of a turnpike project and the rights and obligations of the |
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authority with respect to a turnpike project; and |
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(14) do all things necessary or appropriate to carry |
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out the powers expressly granted by this chapter. |
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(m) The commission or the department may provide a loan, |
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grant, contribution, or other assistance to an authority for a |
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turnpike project only if the project: |
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(1) is on the state highway system; and |
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(2) is designed, constructed, operated, repaired, or |
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maintained by the authority on behalf of the department. |
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SECTION 6. Section 366.113(a), Transportation Code, is |
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amended to read as follows: |
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(a) The principal of, interest on, and any redemption |
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premium on bonds issued by an authority are payable solely from: |
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(1) the revenue of the turnpike project or system for |
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which the bonds are issued, including tolls pledged to pay the |
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bonds; |
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(2) payments made under an agreement with [the
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commission or] a local governmental entity as provided by |
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Subchapter G; |
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(3) money derived from any other source available to |
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the authority, other than money derived from a turnpike project |
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that is not part of the same system or money derived from a |
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different system, except to the extent that the surplus revenue of a |
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turnpike project or system has been pledged for that purpose; and |
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(4) amounts received under a credit agreement relating |
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to the turnpike project or system for which the bonds are issued. |
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SECTION 7. Section 366.174(b), Transportation Code, is |
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amended to read as follows: |
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(b) An authority may transfer into its revolving fund money |
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from any permissible source, including: |
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(1) money from a turnpike project if the transfer does |
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not diminish the money available for the project or the system, if |
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any, of which it is a part to less than an amount required to be |
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retained by the bond proceedings pertaining to the project or |
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system; |
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(2) money received by the authority from any source |
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and not otherwise committed, including money from the transfer of a |
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turnpike project or system or sale of authority assets; and |
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(3) [money received from the state highway fund; and
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[(4)] contributions, loans, grants, or assistance |
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from the United States, another state, a political subdivision of |
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this state, a foreign governmental entity, including the United |
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Mexican States or a state of the United Mexican States, a local |
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governmental entity, any private enterprise, or any person. |
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SECTION 8. Section 370.033, Transportation Code, is amended |
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by amending Subsections (a) and (m) and adding Subsection (s) to |
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read as follows: |
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(a) An authority, through its board, may: |
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(1) adopt rules for the regulation of its affairs and |
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the conduct of its business; |
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(2) adopt an official seal; |
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(3) study, evaluate, design, finance, acquire, |
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construct, maintain, repair, and operate transportation projects, |
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individually or as one or more systems, provided that a |
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transportation project that is subject to Subpart C, 23 C.F.R. Part |
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450, is: |
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(A) included in the plan approved by the |
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applicable metropolitan planning organization; and |
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(B) consistent with the statewide transportation |
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plan and the statewide transportation improvement program; |
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(4) acquire, hold, and dispose of property in the |
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exercise of its powers and the performance of its duties under this |
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chapter; |
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(5) enter into contracts or operating agreements with |
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a similar authority, another governmental entity, or an agency of |
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the United States, a state of the United States, the United Mexican |
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States, or a state of the United Mexican States; |
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(6) enter into contracts or agreements necessary or |
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incidental to its powers and duties under this chapter; |
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(7) cooperate and work directly with property owners |
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and governmental entities and officials to support an activity |
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required to promote or develop a transportation project; |
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(8) employ and set the compensation and benefits of |
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administrators, consulting engineers, attorneys, accountants, |
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construction and financial experts, superintendents, managers, |
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full-time and part-time employees, agents, consultants, and other |
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persons as the authority considers necessary or useful; |
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(8-a) participate in the state travel management |
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program administered by the comptroller for the purpose of |
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obtaining reduced airline fares and reduced travel agent fees, |
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provided that the comptroller may charge the authority a fee not to |
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exceed the costs incurred by the comptroller in providing services |
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to the authority; |
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(9) notwithstanding Sections 221.003 and 222.031 and |
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subject to Subsections (j), [and] (m), and (s), apply for, directly |
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or indirectly receive and spend loans, gifts, grants, and other |
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contributions for any purpose of this chapter, including the |
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construction of a transportation project, and receive and spend |
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contributions of money, property, labor, or other things of value |
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from any source, including the United States, a state of the United |
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States, the United Mexican States, a state of the United Mexican |
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States, the commission, the department, a subdivision of this |
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state, or a governmental entity or private entity, to be used for |
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the purposes for which the grants, loans, or contributions are |
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made, and enter into any agreement necessary for the grants, loans, |
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or contributions; |
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(10) install, construct, or contract for the |
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construction of public utility facilities, direct the time and |
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manner of construction of a public utility facility in, on, along, |
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over, or under a transportation project, or request the removal or |
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relocation of a public utility facility in, on, along, over, or |
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under a transportation project; |
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(11) organize a corporation under Chapter 431 for the |
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promotion and development of transportation projects; |
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(12) adopt and enforce rules not inconsistent with |
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this chapter for the use of any transportation project, including |
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tolls, fares, or other user fees, speed and weight limits, and |
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traffic and other public safety rules, provided that an authority |
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must consider the same factors that the Texas Turnpike Authority |
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division of the department must consider in altering a prima facie |
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speed limit under Section 545.354; |
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(13) enter into leases, operating agreements, service |
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agreements, licenses, franchises, and similar agreements with a |
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public or private party governing the party's use of all or any |
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portion of a transportation project and the rights and obligations |
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of the authority with respect to a transportation project; |
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(14) borrow money from or enter into a loan agreement |
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or other arrangement with the state infrastructure bank, the |
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department, or the commission, subject to Subsection (s), or with |
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any other public or private entity; and |
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(15) do all things necessary or appropriate to carry |
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out the powers and duties expressly granted or imposed by this |
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chapter. |
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(m) If an authority receives money from the general revenue |
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fund, the Texas Mobility Fund, or the state highway fund it may use |
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the money only to acquire, design, finance, construct, operate, or |
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maintain a turnpike project under Section 370.003(14)(A) or (D) or |
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a transit system under Section 370.351, except that money received |
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from the Texas Mobility Fund or the state highway fund may be used |
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only as provided by Subsection (s). |
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(s) The commission or the department may provide a loan, |
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grant, contribution, or other assistance to an authority for a |
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turnpike project only if the project: |
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(1) is on the state highway system; and |
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(2) is designed, constructed, operated, repaired, or |
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maintained by the authority on behalf of the department. |
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SECTION 9. Section 370.173, Transportation Code, is amended |
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by adding Subsection (e) to read as follows: |
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(e) Money received from the state highway fund may only be |
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spent or advanced from the revolving fund for a transit system under |
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Section 370.351 or for a turnpike project that: |
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(1) is on the state highway system; and |
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(2) is designed, constructed, operated, repaired, or |
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maintained by the authority on behalf of the department. |
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SECTION 10. Sections 222.103(f), 284.008(b), 366.301, and |
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370.301, Transportation Code, are repealed. |
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SECTION 11. (a) The changes in law made by this Act apply |
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only to a loan, grant, contribution, or other assistance provided |
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by the Texas Department of Transportation on or after the effective |
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date of this Act. |
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(b) The repeal by this Act of Sections 222.103(f), |
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284.008(b), 366.301, and 370.301, Transportation Code, does not |
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affect any obligations outstanding immediately before the |
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effective date of this Act. |
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(c) A loan, grant, contribution, or other assistance |
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provided before the effective date of this Act is governed by the |
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law in effect on the date the loan, grant, contribution, or other |
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assistance is provided, and the former law is continued in effect |
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for that purpose. |
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SECTION 12. This Act takes effect September 1, 2015. |