AN ACT
1-1 relating to the continuation and functions of the Texas Department
1-2 of Transportation, the abolition of the Texas Turnpike Authority,
1-3 and the creation of regional tollway authorities; authorizing the
1-4 issuance of bonds and the imposition of taxes; granting the power
1-5 of eminent domain; and providing penalties.
1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-7 ARTICLE 1. TEXAS TRANSPORTATION COMMISSION; TEXAS
1-8 DEPARTMENT OF TRANSPORTATION
1-9 SECTION 1.01. Section 201.204, Transportation Code, is
1-10 amended to read as follows:
1-11 Sec. 201.204. SUNSET PROVISION. The Texas Department of
1-12 Transportation is subject to Chapter 325, Government Code (Texas
1-13 Sunset Act). Unless continued in existence as provided by that
1-14 chapter, the department is abolished September 1, 2009 [1997].
1-15 SECTION 1.02. Subsection (d), Section 201.051,
1-16 Transportation Code, is amended to read as follows:
1-17 (d) Except as provided by Subsection (e), a person is not
1-18 eligible for appointment as a member of the commission if the
1-19 person or the person's spouse:
1-20 (1) is employed by or participates in the management
1-21 of a business entity or other organization that is regulated by or
1-22 receives funds from the department;
1-23 (2) directly or indirectly owns or controls more than
2-1 10 percent interest in a business entity or other organization that
2-2 is regulated by or receives funds from the department; [or]
2-3 (3) uses or receives a substantial amount of tangible
2-4 goods, services, or funds from the department, other than
2-5 compensation or reimbursement authorized by law for commission
2-6 membership, attendance, or expenses; or
2-7 (4) is registered, certified, or licensed by the
2-8 department.
2-9 SECTION 1.03. Subsection (c), Section 201.057,
2-10 Transportation Code, is amended to read as follows:
2-11 (c) If the director knows that a potential ground for
2-12 removal exists, the director shall notify the commissioner of
2-13 transportation of the ground, and the commissioner shall notify the
2-14 governor and the attorney general that a potential ground for
2-15 removal exists. If the potential ground for removal relates to the
2-16 commissioner of transportation, the director shall notify another
2-17 member of the commission, who shall notify the governor and the
2-18 attorney general that a potential ground for removal exists.
2-19 SECTION 1.04. Subchapter B, Chapter 201, Transportation
2-20 Code, is amended by adding Section 201.059 to read as follows:
2-21 Sec. 201.059. TRAINING ON DEPARTMENT AND CERTAIN LAWS
2-22 RELATING TO DEPARTMENT. (a) To be eligible to take office as a
2-23 member of the commission, a person appointed to the commission must
2-24 complete at least one course of a training program that complies
2-25 with this section.
3-1 (b) The training program must provide information to the
3-2 person regarding:
3-3 (1) this subchapter;
3-4 (2) the programs operated by the department;
3-5 (3) the role and functions of the department;
3-6 (4) the rules of the department with an emphasis on
3-7 the rules that relate to disciplinary and investigatory authority;
3-8 (5) the current budget for the department;
3-9 (6) the results of the most recent formal audit of the
3-10 department;
3-11 (7) the requirements of the:
3-12 (A) open meetings law, Chapter 551, Government
3-13 Code;
3-14 (B) open records law, Chapter 552, Government
3-15 Code; and
3-16 (C) administrative procedure law, Chapter 2001,
3-17 Government Code;
3-18 (8) the requirements of the conflict of interest laws
3-19 and other laws relating to public officials; and
3-20 (9) any applicable ethics policies adopted by the
3-21 commission or the Texas Ethics Commission.
3-22 (c) A person appointed to the commission is entitled to
3-23 reimbursement for travel expenses incurred in attending the
3-24 training program, as provided by the General Appropriations Act and
3-25 as if the person were a member of the commission.
4-1 SECTION 1.05. Section 201.102, Transportation Code, is
4-2 amended to read as follows:
4-3 Sec. 201.102. SEPARATION [DEFINITION] OF RESPONSIBILITIES.
4-4 The commission shall develop and implement policies that clearly
4-5 separate the policy-making [define the respective] responsibilities
4-6 of the commission and the management responsibilities of the
4-7 director and staff of the department.
4-8 SECTION 1.06. Subsection (b), Section 201.107,
4-9 Transportation Code, is amended to read as follows:
4-10 (b) The commission shall file annually with the governor and
4-11 the presiding officer of each house of the legislature a complete
4-12 and detailed written report accounting for all funds received and
4-13 disbursed by the department during the preceding fiscal year. The
4-14 report must comply with each reporting requirement applicable to
4-15 financial reporting [be in the form and filed in the time] provided
4-16 by the General Appropriations Act.
4-17 SECTION 1.07. Section 201.203, Transportation Code, is
4-18 amended to read as follows:
4-19 Sec. 201.203. DEPARTMENT OFFICE[; RECORDS]. The department
4-20 shall have its statewide headquarters office in Austin. [The
4-21 department shall keep all of its records in that office.]
4-22 SECTION 1.08. Subchapter D, Chapter 201, Transportation
4-23 Code, is amended by adding Section 201.206 to read as follows:
4-24 Sec. 201.206. DONATIONS AND CONTRIBUTIONS. For the purpose
4-25 of carrying out its functions and duties, the department may
5-1 accept, from any source, a donation or contribution in any form,
5-2 including realty, personalty, money, materials, or services.
5-3 SECTION 1.09. Subsections (a) and (b), Section 201.402,
5-4 Transportation Code, are amended to read as follows:
5-5 (a) The director or the director's designee shall prepare
5-6 and maintain a written policy statement to ensure implementation of
5-7 a program of equal employment opportunity under which all personnel
5-8 transactions are made without regard to race, color, disability,
5-9 sex, religion, age, or national origin. The policy statement must
5-10 include:
5-11 (1) personnel policies, including policies relating to
5-12 recruitment, evaluation, selection, appointment, training, and
5-13 promotion of personnel that comply with Chapter 21, Labor Code;
5-14 (2) a comprehensive analysis of the department work
5-15 force that meets federal and state laws, rules, and regulations,
5-16 and instructions directly adopted under those laws, rules, or
5-17 regulations [guidelines];
5-18 (3) procedures by which a determination can be made of
5-19 significant underuse in the department work force of all persons
5-20 for whom federal or state laws, rules, and regulations, and
5-21 instructions directly adopted under those laws, rules, or
5-22 regulations [guidelines] encourage a more equitable balance; and
5-23 (4) reasonable methods to appropriately address the
5-24 areas of significant underuse.
5-25 (b) A policy statement prepared under Subsection (a) must
6-1 cover an annual period, be updated at least annually, be reviewed
6-2 by the Texas Commission on Human Rights for compliance with
6-3 Subsection (a)(1), and be filed with the governor's office.
6-4 SECTION 1.10. Subsections (a) and (b), Section 201.404,
6-5 Transportation Code, are amended to read as follows:
6-6 (a) The director or the director's designee shall develop an
6-7 intra-agency career ladder program that addresses opportunities for
6-8 mobility and advancement for employees in the department [covering
6-9 all full-time classified and exempt positions]. The program shall
6-10 require intra-agency posting of all [nonentry] positions
6-11 concurrently with any public posting.
6-12 (b) The director or the director's designee shall develop a
6-13 system of annual performance evaluations that are based on
6-14 documented employee performance. All merit pay for department
6-15 employees must be based on the system established under this
6-16 subsection.
6-17 SECTION 1.11. Subchapter I, Chapter 201, Transportation
6-18 Code, is amended by adding Section 201.705 to read as follows:
6-19 Sec. 201.705. PILOT PROJECT ON VEHICLE MAINTENANCE
6-20 OUTSOURCING. (a) The department shall conduct a two-year pilot
6-21 project to determine whether contracting with a private entity for
6-22 maintenance and repair services of all department vehicles would be
6-23 cost-effective.
6-24 (b) The study must be implemented in at least three of the
6-25 department's districts. The districts in which the study is
7-1 implemented must vary in geography and population.
7-2 (c) Any cost savings that result from the project shall be
7-3 deposited to the credit of the state infrastructure bank account
7-4 created under Subchapter D, Chapter 222.
7-5 (d) Not later than January 1, 2001, the department shall
7-6 submit a report to the legislature on the results of the pilot
7-7 program and any recommendations on the continuation or expansion of
7-8 the pilot program.
7-9 (e) This section expires January 1, 2001.
7-10 SECTION 1.12. Section 201.801, Transportation Code, is
7-11 amended by amending Subsection (c) and adding Subsection (e) to
7-12 read as follows:
7-13 (c) The department shall:
7-14 (1) keep an information file about each written
7-15 complaint filed with the department that the department has the
7-16 authority to resolve; and
7-17 (2) provide the person who filed the complaint, and
7-18 each person or entity that is the subject of the complaint,
7-19 information about the department's policies and procedures relating
7-20 to complaint investigation and resolution.
7-21 (e) With regard to each complaint filed with the department,
7-22 the department shall keep the following information:
7-23 (1) the date the complaint is filed;
7-24 (2) the name of the person filing the complaint;
7-25 (3) the subject matter of the complaint;
8-1 (4) a record of each person contacted in relation to
8-2 the complaint;
8-3 (5) a summary of the results of the review or
8-4 investigation of the complaint; and
8-5 (6) if the department takes no action on the
8-6 complaint, an explanation of the reasons that no action was taken.
8-7 SECTION 1.13. Section 201.802, Transportation Code, is
8-8 amended by amending Subsection (b) and adding Subsection (c) to
8-9 read as follows:
8-10 (b) The director [department] shall prepare and maintain a
8-11 written plan that describes the manner in which a person who does
8-12 not speak English or who has a physical, mental, or developmental
8-13 disability is provided reasonable access to the department's
8-14 programs.
8-15 (c) The department shall comply with each applicable law of
8-16 the United States or this state that relates to program or facility
8-17 accessibility.
8-18 SECTION 1.14. Subchapter K, Chapter 201, Transportation
8-19 Code, is amended by adding Section 201.905 to read as follows:
8-20 Sec. 201.905. MULTIMODAL ROAD USE. (a) The department
8-21 shall conduct a comprehensive analysis of the multimodal use of
8-22 roads and highways in the state highway system. The analysis shall
8-23 include the collection of data on users' concerns about road
8-24 conditions and actual and potential use patterns of roads or
8-25 highways.
9-1 (b) After the analysis required by Subsection (a) is
9-2 completed, the department shall initiate and coordinate a campaign
9-3 to help increase public awareness of traffic safety issues.
9-4 (c) The department shall initiate a program of continuing
9-5 community involvement sessions to help other state agencies, local
9-6 decision-makers, interest groups, and the general public improve
9-7 the state's comprehensive transportation system to include all
9-8 modes of transportation.
9-9 SECTION 1.15. Chapter 201, Transportation Code, is amended
9-10 by adding Subchapter L to read as follows:
9-11 SUBCHAPTER L. ELECTRONIC ISSUANCE OF LICENSES
9-12 Sec. 201.931. DEFINITIONS. In this subchapter:
9-13 (1) "Digital signature" means an electronic identifier
9-14 intended by the person using it to have the same force and effect
9-15 as the use of a manual signature.
9-16 (2) "License" includes:
9-17 (A) a permit issued by the department that
9-18 authorizes the operation of a vehicle and its load or a combination
9-19 of vehicles and load exceeding size or weight limitations;
9-20 (B) motor carrier registration issued under
9-21 Article 6675c, Revised Statutes;
9-22 (C) a vehicle storage facility license issued
9-23 under Article 6687-9a, Revised Statutes;
9-24 (D) a license or permit for outdoor advertising
9-25 issued under Chapter 391 or 394;
10-1 (E) a salvage motor vehicle dealer and agent
10-2 license issued under Article 6687-1a, Revised Statutes;
10-3 (F) specially designated or specialized license
10-4 plates issued under Subchapters E and F, Chapter 502; and
10-5 (G) an apportioned registration issued according
10-6 to the International Registration Plan under Section 502.054.
10-7 Sec. 201.932. APPLICATION FOR AND ISSUANCE OF LICENSE.
10-8 (a) The commission may by rule provide for the filing of a
10-9 license application and the issuance of a license by electronic
10-10 means.
10-11 (b) The commission may limit applicant eligibility under
10-12 Subsection (a) if the rules include reasonable eligibility
10-13 criteria.
10-14 Sec. 201.933. DIGITAL SIGNATURE. (a) A license application
10-15 received by the department is considered signed if a digital
10-16 signature is transmitted with the application and intended by the
10-17 applicant to authenticate the license in accordance with Subsection
10-18 (b).
10-19 (b) The department may only accept a digital signature used
10-20 to authenticate a license application under procedures that:
10-21 (1) comply with any applicable rules of another state
10-22 agency having jurisdiction over department use or acceptance of a
10-23 digital signature; and
10-24 (2) provide for consideration of factors that may
10-25 affect a digital signature's reliability, including whether a
11-1 digital signature is:
11-2 (A) unique to the person using it;
11-3 (B) capable of independent verification;
11-4 (C) under the sole control of the person using
11-5 it; and
11-6 (D) transmitted in a manner that will make it
11-7 infeasible to change the data in the communication or digital
11-8 signature without invalidating the digital signature.
11-9 Sec. 201.934. PAYMENT OF FEES. The commission may adopt
11-10 rules regarding the method of payment of a fee for a license issued
11-11 under this subchapter. The rules may authorize the use of
11-12 electronic funds transfer or a valid credit card issued by a
11-13 financial institution chartered by a state or the federal
11-14 government or by a nationally recognized credit organization
11-15 approved by the department. The rules may require the payment of a
11-16 discount or service charge for a credit card payment in addition to
11-17 the fee.
11-18 SECTION 1.16. Subchapter C, Chapter 202, Transportation
11-19 Code, is amended by adding Section 202.060 to read as follows:
11-20 Sec. 202.060. LIVING LOGOS; PILOT PROJECT. (a) The
11-21 commission may adopt rules implementing a pilot project for the
11-22 leasing of state highway right-of-way, subject to any applicable
11-23 federal regulation of outdoor advertising, as a location or
11-24 locations for commercial advertising by means of a floral mosaic
11-25 living logo.
12-1 (b) Rules adopted under this section shall:
12-2 (1) provide for the award of a lease in a manner that
12-3 maximizes revenue to the state;
12-4 (2) regulate the content, composition, placement,
12-5 installation, and maintenance of a floral mosaic living logo;
12-6 (3) set a bond for faithful performance of the lessee;
12-7 (4) provide for the public safety;
12-8 (5) ensure that installation and maintenance of a
12-9 floral mosaic living logo will not interfere with access to, or be
12-10 inconsistent with the use of, abutting property; and
12-11 (6) include such other matters as may be necessary to
12-12 protect the integrity of the involved highway.
12-13 (c) A floral mosaic living logo installed or placed under
12-14 this section may not contain a message, symbol, or trademark that
12-15 resembles an official traffic-control device.
12-16 (d) This section applies to state highway right-of-way in a
12-17 county with a population of 500,000 or more.
12-18 SECTION 1.17. Subchapter B, Chapter 222, Transportation
12-19 Code, is amended by adding Section 222.034 to read as follows:
12-20 Sec. 222.034. DISTRIBUTION OF FEDERAL FUNDS. (a) Federal
12-21 aid for transportation purposes that is administered by the
12-22 commission shall be distributed to the various parts of the state
12-23 for a funding cycle through the selection of highway projects in
12-24 the state in a manner that is consistent with federal formulas that
12-25 determine the amount of federal aid for transportation purposes
13-1 received by the state. A distribution under this subsection does
13-2 not include deductions made for the state infrastructure bank or
13-3 other federal funds reallocated by the federal government.
13-4 (b) The commission may vary from the distribution procedure
13-5 provided by Subsection (a) if it issues a ruling or minute order
13-6 identifying the variance and providing a particular justification
13-7 for the variance.
13-8 SECTION 1.18. Subchapter C, Chapter 222, Transportation
13-9 Code, is amended by adding Section 222.053 to read as follows:
13-10 Sec. 222.053. RELIEF FROM LOCAL MATCHING FUNDS REQUIREMENT.
13-11 (a) In this section, "economically disadvantaged county" means a
13-12 county that has, in comparison to other counties in the state:
13-13 (1) below average per capita taxable property value;
13-14 (2) below average per capita income; and
13-15 (3) above average unemployment.
13-16 (b) Except as provided by Subsection (c), the commission may
13-17 require, request, or accept from a political subdivision matching
13-18 or other local funds, rights-of-way, utility adjustments,
13-19 additional participation, planning, documents, or any other local
13-20 incentives to make the most efficient use of its highway funding.
13-21 (c) In evaluating a proposal to construct, maintain, or
13-22 extend a highway or for another type of highway project in a
13-23 political subdivision that consists of all or a portion of an
13-24 economically disadvantaged county, the commission:
13-25 (1) may not consider the absence or value of local
14-1 incentives provided under Subsection (b) or the value of a benefit
14-2 received by the state in an agreement under Section 791.031,
14-3 Government Code, beyond the minimum required local matching funds;
14-4 and
14-5 (2) shall adjust the minimum local matching funds
14-6 requirement after evaluating the political subdivision's effort and
14-7 ability to meet the requirement.
14-8 (d) In making an adjustment under Subsection (c)(2), the
14-9 commission may use its in-kind resources and any other available
14-10 resources to help satisfy a federal requirement.
14-11 (e) The commission shall report annually to the governor,
14-12 the lieutenant governor, and the speaker of the house of
14-13 representatives on the use of matching funds and local incentives
14-14 and the ability of the commission to ensure that political
14-15 subdivisions located in economically disadvantaged counties have
14-16 equal ability to compete for highway funding with political
14-17 subdivisions in counties that are not economically disadvantaged.
14-18 SECTION 1.19. Subsection (c), Section 202.052,
14-19 Transportation Code, is amended to read as follows:
14-20 (c) The department shall charge not less than fair market
14-21 value for the highway asset, payable in cash, services, tangible or
14-22 intangible property, or any combination of cash, services, or
14-23 property.
14-24 SECTION 1.20. Chapter 202, Transportation Code, is amended
14-25 by adding Subchapter E to read as follows:
15-1 SUBCHAPTER E. TELECOMMUNICATIONS FACILITIES
15-2 Sec. 202.091. DEFINITION. In this subchapter,
15-3 "telecommunications" means any transmission, emission, or reception
15-4 of signs, signals, writings, images, or sounds of intelligence of
15-5 any nature by wire, radio, optical, or other electromagnetic
15-6 systems.
15-7 Sec. 202.092. USE OF DEPARTMENT FACILITIES. Notwithstanding
15-8 any other law, a telecommunications provider may not place or
15-9 maintain its facilities or otherwise use improvements, including
15-10 structures, medians, conduits, or telecommunications equipment or
15-11 lines, constructed or installed by the state as components of the
15-12 state highway system except by a lease under Section 202.052 or an
15-13 agreement under Section 202.093.
15-14 Sec. 202.093. AGREEMENT. (a) Notwithstanding any other
15-15 law, the department may enter into an agreement with a
15-16 telecommunications provider allowing the provider, for the
15-17 provider's commercial purposes, to:
15-18 (1) place the provider's telecommunications facilities
15-19 within the median of a divided state highway; or
15-20 (2) place lines within or otherwise use
15-21 telecommunications facilities owned or installed by the state in or
15-22 on the improved portion of a state highway, including a median,
15-23 structures, equipment, conduits, or any other component of the
15-24 highway facilities constructed or owned by the department.
15-25 (b) An agreement entered into under Subsection (a) may
16-1 provide for compensation between the department and the
16-2 telecommunications provider in the form of cash or the shared use
16-3 of facilities.
16-4 Sec. 202.094. COMPETITIVE SEALED PROPOSAL. (a) Before
16-5 entering into an agreement with a telecommunications provider under
16-6 this subchapter, the department shall follow a procedure using
16-7 competitive sealed proposals.
16-8 (b) The department shall solicit proposals by a request for
16-9 proposals and shall publish notice of the request in at least two
16-10 newspapers of general circulation and in the Texas Register.
16-11 (c) The proposals shall be opened so as to avoid disclosure
16-12 of contents to competing offerors during the process of
16-13 negotiation. After a contract is awarded, all proposals that have
16-14 been submitted shall be open for public inspection subject to
16-15 Subchapter C, Chapter 552, Government Code.
16-16 (d) The department may discuss an acceptable or potentially
16-17 acceptable proposal with an offeror to assess the offeror's ability
16-18 to meet the solicitation requirements. After the submission of a
16-19 proposal but before making an award, the department may permit the
16-20 offeror to revise the proposal in order to obtain the best final
16-21 offer. The department may not disclose any information derived
16-22 from proposals submitted from competing offerors in conducting
16-23 discussions under this section. The department shall provide each
16-24 offeror with an equal opportunity for discussion and revision of
16-25 proposals.
17-1 (e) The department shall make a written award of a contract
17-2 to the offeror whose proposal is the most advantageous to the
17-3 state, considering price and the evaluation factors in the request
17-4 for proposals, except that if the department finds that none of the
17-5 offers is acceptable, it shall refuse all offers. The contract
17-6 file must state in writing the basis on which the award is made.
17-7 Sec. 202.095. APPLICABILITY. (a) Subtitle D, Title 10,
17-8 Government Code, does not apply to a procurement under this
17-9 subchapter.
17-10 (b) This subchapter does not limit a telecommunications
17-11 provider from placing lines or facilities in the unimproved portion
17-12 of state highway right-of-way to the extent authorized by
17-13 applicable law.
17-14 Sec. 202.096. REVENUE. The department shall deposit in the
17-15 state highway fund any revenue received under this subchapter.
17-16 Sec. 202.097. RULEMAKING. The commission shall adopt rules
17-17 for the implementation of this subchapter.
17-18 SECTION 1.21. Chapter 222, Transportation Code, is amended
17-19 by adding Subchapter D to read as follows:
17-20 SUBCHAPTER D. STATE INFRASTRUCTURE BANK
17-21 Sec. 222.071. DEFINITIONS. In this subchapter:
17-22 (1) "Bank" means the state infrastructure bank
17-23 account.
17-24 (2) "Construction" has the meaning assigned by 23
17-25 U.S.C. Section 101.
18-1 (3) "Federal act" means Section 350 of the National
18-2 Highway System Designation Act of 1995 (Pub. L. No. 104-59).
18-3 (4) "Federal-aid highway" has the meaning assigned by
18-4 23 U.S.C. Section 101.
18-5 (5) "Qualified project" includes:
18-6 (A) the construction of a federal-aid highway;
18-7 (B) a transit project under 49 U.S.C. Sections
18-8 5307, 5309, and 5311; or
18-9 (C) for the expenditure of secondary funds, a
18-10 project eligible for assistance under Title 23 or Title 49, United
18-11 States Code.
18-12 (6) "Secondary funds" includes:
18-13 (A) the repayment of a loan or other assistance
18-14 that is provided with money deposited to the credit of the bank;
18-15 and
18-16 (B) investment income generated by secondary
18-17 funds deposited to the credit of the bank.
18-18 Sec. 222.072. STATE INFRASTRUCTURE BANK. (a) The state
18-19 infrastructure bank is an account in the state highway fund. The
18-20 bank is administered by the commission.
18-21 (b) Federal funds received by the state under the federal
18-22 act, matching state funds in an amount required by that act,
18-23 proceeds from bonds issued under Section 222.075, money saved as a
18-24 result of contracting with a private entity for maintenance and
18-25 repair services for department vehicles, secondary funds, and other
19-1 money received by the state that is eligible for deposit in the
19-2 bank may be deposited into the bank and used only for the purposes
19-3 described in this subchapter.
19-4 Sec. 222.073. PURPOSES OF INFRASTRUCTURE BANK. The
19-5 commission shall use money deposited in the bank to:
19-6 (1) encourage public and private investment in
19-7 transportation facilities, including facilities that contribute to
19-8 the multimodal and intermodal transportation capabilities of the
19-9 state; and
19-10 (2) develop financing techniques designed to:
19-11 (A) expand the availability of funding for
19-12 transportation projects and to reduce direct state costs;
19-13 (B) maximize private and local participation in
19-14 financing projects; and
19-15 (C) improve the efficiency of the state
19-16 transportation system.
19-17 Sec. 222.074. FORM OF ASSISTANCE. (a) To further a purpose
19-18 described by Section 222.073, the commission may use money
19-19 deposited to the credit of the bank to provide financial assistance
19-20 to a public or private entity for a qualified project to:
19-21 (1) extend credit by direct loan;
19-22 (2) provide credit enhancements;
19-23 (3) serve as a capital reserve for bond or debt
19-24 instrument financing;
19-25 (4) subsidize interest rates;
20-1 (5) insure the issuance of a letter of credit or
20-2 credit instrument;
20-3 (6) finance a purchase or lease agreement in
20-4 connection with a transit project;
20-5 (7) provide security for bonds and other debt
20-6 instruments; or
20-7 (8) provide methods of leveraging money that have been
20-8 approved by the United States secretary of transportation and
20-9 relate to the project for which the assistance is provided.
20-10 (b) Financial assistance to a private entity under
20-11 Subsection (a) shall be limited to a qualified project that:
20-12 (1) provides transportation services or facilities
20-13 that provide a demonstrated public benefit; or
20-14 (2) is constructed or operated in cooperation with a
20-15 state agency or political subdivision in accordance with an
20-16 agreement between that agency or political subdivision and the
20-17 private entity.
20-18 Sec. 222.075. REVENUE BONDS. (a) The commission may issue
20-19 revenue bonds for the purpose of providing money for the bank.
20-20 (b) Except as provided by Subsection (c), the commission may
20-21 issue revenue bonds or revenue refunding bonds under this section
20-22 without complying with any other law applicable to the issuance of
20-23 bonds.
20-24 (c) Notwithstanding any other provision of this section, the
20-25 following laws apply to bonds issued by the commission:
21-1 (1) Chapter 503, Acts of the 54th Legislature, 1955
21-2 (Article 717k, Vernon's Texas Civil Statutes);
21-3 (2) Chapter 3, Acts of the 61st Legislature, Regular
21-4 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);
21-5 (3) the Bond Procedures Act of 1981 (Article 717k-6,
21-6 Vernon's Texas Civil Statutes);
21-7 (4) Chapter 1078, Acts of the 70th Legislature,
21-8 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
21-9 Statutes);
21-10 (5) Article 3, Chapter 53, Acts of the 70th
21-11 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
21-12 Texas Civil Statutes); and
21-13 (6) Chapter 656, Acts of the 68th Legislature, Regular
21-14 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes).
21-15 (d) The revenue bonds are special obligations of the
21-16 commission payable only from income and receipts of the bank as the
21-17 commission may designate. The income and receipts include
21-18 principal of and interest paid and to be paid on acquired
21-19 obligations, other designated obligations held by the bank, or
21-20 income from accounts created within the bank.
21-21 (e) The revenue bonds do not constitute a debt of the state
21-22 or a pledge of the faith and credit of the state.
21-23 (f) The commission may require participants to make charges,
21-24 levy taxes, or otherwise provide for sufficient money to pay
21-25 acquired obligations.
22-1 (g) Revenue bonds issued under this section shall be
22-2 authorized by order of the commission and shall have the form and
22-3 characteristics and bear the designations as are provided in the
22-4 order.
22-5 (h) Revenue bonds shall:
22-6 (1) be dated;
22-7 (2) bear interest at the rate or rates authorized by
22-8 law;
22-9 (3) mature at the time or times, serially, as term,
22-10 revenue bonds, or otherwise not more than 50 years after their
22-11 dates;
22-12 (4) be called before stated maturity on the terms and
22-13 at the prices, be in the denominations, be in the form, either
22-14 coupon or registered, carry registration privileges as to principal
22-15 only or as to both principal and interest and as to successive
22-16 exchange of coupon for registered bonds or one denomination for
22-17 bonds of other denominations, and successive exchange of registered
22-18 revenue bonds for coupon revenue bonds, be executed in the manner,
22-19 and be payable at the place or places inside or outside the state,
22-20 as provided in the order;
22-21 (5) be issued in temporary or permanent form;
22-22 (6) be issued in one or more installments and from
22-23 time to time as required and sold at a price or prices and under
22-24 terms determined by the commission to be the most advantageous
22-25 reasonably obtainable; and
23-1 (7) be issued on a parity with and be secured in the
23-2 manner as other revenue bonds authorized to be issued by this
23-3 section or be issued without parity and secured differently from
23-4 other revenue bonds.
23-5 (i) All proceedings relating to the issuance of revenue
23-6 bonds issued under this section shall be submitted to the attorney
23-7 general for examination. On determining that the revenue bonds
23-8 have been authorized in accordance with law, the attorney general
23-9 shall approve the revenue bonds, and the revenue bonds shall be
23-10 registered by the comptroller. After the approval and
23-11 registration, the revenue bonds are incontestable in any court or
23-12 other forum for any reason and are valid and binding obligations in
23-13 accordance with their terms for all purposes.
23-14 (j) The proceeds received from the sale of revenue bonds
23-15 shall be deposited in the bank and invested in the manner provided
23-16 for other funds deposited under this subchapter.
23-17 Sec. 222.076. SEPARATE SUBACCOUNTS. The bank shall consist
23-18 of at least two separate subaccounts, a highway subaccount and a
23-19 transit subaccount.
23-20 Sec. 222.077. REPAYMENT TERMS; DEPOSIT OF REPAYMENTS;
23-21 INVESTMENT INCOME. (a) Any funds disbursed through the state
23-22 infrastructure bank must be repaid on terms determined by the
23-23 commission that comply with the federal act.
23-24 (b) Notwithstanding any other law to the contrary:
23-25 (1) the repayment of a loan or other assistance
24-1 provided with money deposited to the credit of a subaccount in the
24-2 bank shall be deposited in that subaccount; and
24-3 (2) investment income generated by money deposited to
24-4 the credit of a subaccount in the bank shall be:
24-5 (A) credited to that subaccount;
24-6 (B) available for use in providing financial
24-7 assistance under this subchapter; and
24-8 (C) invested in United States Treasury
24-9 securities, bank deposits, or other financing instruments approved
24-10 by the United States secretary of transportation to earn interest
24-11 and enhance the financing of projects assisted by the bank.
24-12 (c) The commission shall administer the bank in compliance
24-13 with the federal act and any applicable federal regulation or
24-14 guideline.
24-15 (d) The commission by rule shall:
24-16 (1) implement this subchapter; and
24-17 (2) establish eligibility criteria for an entity
24-18 applying for financial assistance from the bank.
24-19 Sec. 222.078. REPORT TO LEGISLATURE. (a) Not later than
24-20 January 1, 2001, the department shall submit a report to the
24-21 legislature on the status of projects funded by the state
24-22 infrastructure bank and the use of the bank. The report must
24-23 include information about:
24-24 (1) the financial and operational status of projects
24-25 assisted by the bank;
25-1 (2) the financial condition of the bank, including
25-2 fund balances;
25-3 (3) the cumulative value of investments made; and
25-4 (4) the extent to which projects assisted by the bank
25-5 have aided the state in meeting the state's transportation needs.
25-6 (b) This section expires January 1, 2001.
25-7 SECTION 1.22. Subchapter A, Chapter 223, Transportation
25-8 Code, is amended by adding Sections 223.012 and 223.013 to read as
25-9 follows:
25-10 Sec. 223.012. CONTRACTOR PERFORMANCE. (a) The department
25-11 shall:
25-12 (1) develop a schedule for liquidated damages that
25-13 accurately reflects the costs associated with project completion
25-14 delays, including administrative and travel delays;
25-15 (2) review contractor bidding capacity to ensure that
25-16 contractors meet each quality, safety, and timeliness standard
25-17 established by the commission; and
25-18 (3) conduct a review to determine whether commission
25-19 rules or state law should be changed to realize significant cost
25-20 and time savings on state highway construction and maintenance
25-21 projects.
25-22 (b) Not later than December 1, 1998, the department shall
25-23 file a report with the governor, the lieutenant governor, and the
25-24 speaker of the house of representatives containing:
25-25 (1) the results of the review conducted under
26-1 Subsection (a)(3); and
26-2 (2) recommendations on legislation the commission
26-3 determines is necessary to realize significant cost and time
26-4 savings on state highway construction and maintenance.
26-5 Sec. 223.013. ELECTRONIC BIDDING SYSTEM. (a) The
26-6 department may establish an electronic bidding system for highway
26-7 construction and maintenance contracts.
26-8 (b) The system must permit a qualified vendor to
26-9 electronically submit a bid, including any contract, signature, or
26-10 verification of a guaranty check by a financial institution.
26-11 (c) That part of Section 223.004(a) requiring a bid to be
26-12 opened at a public hearing of the commission does not apply to an
26-13 electronically submitted bid. A copy of each electronically
26-14 submitted bid shall be publicly posted within 48 hours after bids
26-15 are opened.
26-16 (d) After the electronic bidding system is established, the
26-17 department shall take the actions necessary to recover the
26-18 department's costs of manually processing bids from a person who
26-19 does not submit an electronic bid.
26-20 SECTION 1.23. Section 223.041, Transportation Code, is
26-21 amended to read as follows:
26-22 Sec. 223.041. ENGINEERING AND DESIGN CONTRACTS. (a) The
26-23 department shall use private sector engineering-related services to
26-24 assist in accomplishing its activities in providing transportation
26-25 projects. For the purpose of this section, engineering-related
27-1 services means engineering, land surveying, environmental,
27-2 transportation feasibility and financial, architectural, real
27-3 estate appraisal, and materials laboratory services. These
27-4 engineering-related services are for highway improvements,
27-5 right-of-way acquisition, and aviation improvements [department's
27-6 policy regarding the regular use of private sector professional
27-7 services for preliminary and construction engineering and
27-8 engineering design shall achieve a balance between the use of
27-9 department employees and the use of private contractors if the
27-10 costs are equivalent].
27-11 (b) The department, in setting a minimum level of
27-12 expenditures in these engineering-related activities that will be
27-13 paid to the private sector providers, shall index the level of
27-14 expenditures from the amount set by rider in the General
27-15 Appropriations Act enacted by the 75th Legislature at its regular
27-16 session in 1997, expressed as a percentage of the total funds
27-17 appropriated in Strategy A.1.1. Plan/Design/Manage [office of the
27-18 state auditor shall determine relevant costs to be considered under
27-19 Subsection (a)].
27-20 (c) Beginning in fiscal year 2000, the department shall
27-21 increase its expenditures to private sector providers for
27-22 engineering-related services at least one percentage point per year
27-23 until the expenditure level for a fiscal year in all strategies
27-24 paid to private sector providers for all department
27-25 engineering-related services for transportation projects reaches a
28-1 minimum of 35 percent of funds appropriated in Strategy A.1.1.
28-2 Plan/Design/Manage of the General Appropriations Act for that
28-3 biennium. The department shall attempt to make expenditures for
28-4 engineering-related services with private sector providers under
28-5 this subsection with historically underutilized businesses, as
28-6 defined by Section 2161.001, Government Code, in an amount
28-7 consistent with the applicable provisions of the Government Code,
28-8 any applicable state disparity study, and in accordance with the
28-9 good-faith-effort procedures outlined in the rules adopted by the
28-10 General Services Commission.
28-11 (d) The commission shall [may] provide for hearings at which
28-12 private sector complaints relating to the selection process are
28-13 heard.
28-14 SECTION 1.24. Chapter 224, Transportation Code, is amended
28-15 by adding Subchapter F to read as follows:
28-16 SUBCHAPTER F. CONGESTION MITIGATION PROJECTS AND FACILITIES
28-17 Sec. 224.151. DEFINITIONS. In this subchapter:
28-18 (1) "Congestion" means the level at which
28-19 transportation system performance is no longer acceptable because
28-20 of traffic interference. The level of acceptable system
28-21 performance may vary by type of transportation facility, geographic
28-22 location, or time of day.
28-23 (2) "Congestion mitigation" means projects and
28-24 facilities used to reduce congestion to promote the use of carpools
28-25 and vanpools, improve air quality, conserve fuel, and enhance the
29-1 use of existing highways and facilities on the state highway
29-2 system.
29-3 (3) "High occupancy vehicle" means a bus or other
29-4 motorized passenger vehicle such as a carpool or vanpool vehicle
29-5 used for ridesharing purposes and occupied by a specified minimum
29-6 number of persons.
29-7 (4) "High occupancy vehicle lane" means one or more
29-8 lanes of a highway or an entire highway where high occupancy
29-9 vehicles, trucks, or emergency vehicles in any combination are
29-10 given at all times, or at regularly scheduled times, a priority or
29-11 preference over some or all other vehicles moving in the general
29-12 stream of all highway traffic.
29-13 (5) "Motor vehicle" has the meaning assigned by
29-14 Section 522.003.
29-15 (6) "Transportation corporation" means a
29-16 transportation corporation created by the state under Chapter 431.
29-17 Sec. 224.152. PURPOSE. (a) Subject to the availability of
29-18 state and federal funds, it is the intent of the legislature to
29-19 further the purposes of the United States Congress as expressed in
29-20 23 U.S.C. Sections 134, 135, 146, and 149 and in Section 1012(b) of
29-21 Pub. L. No. 102-240 to conserve fuel, decrease traffic congestion
29-22 during rush hours, improve air quality, develop innovative
29-23 techniques to finance transportation projects, and enhance the use
29-24 of existing highways and facilities.
29-25 (b) The legislature declares that it is necessary, to
30-1 further the purposes described by Subsection (a), to provide for
30-2 the participation of the commission and the department in projects
30-3 and facilities for the purpose of congestion mitigation.
30-4 Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED.
30-5 (a) The commission may designate and the department or a
30-6 transportation corporation may design, construct, operate, or
30-7 maintain one or more lanes on a multi-lane highway facility as
30-8 dedicated high occupancy vehicle lanes on the state highway system.
30-9 (b) The commission may spend or allocate any available funds
30-10 to:
30-11 (1) designate highway lanes as preferential carpool or
30-12 high occupancy vehicle lanes and create facilities to relieve
30-13 traffic congestion; or
30-14 (2) make any other designation of a dedicated high
30-15 occupancy vehicle lane on the state highway system.
30-16 Sec. 224.154. CONGESTION MITIGATION. (a) Notwithstanding
30-17 any law of this state relating to charging tolls on existing free
30-18 public highways, the commission may by order authorize the
30-19 department or a transportation corporation to charge a toll for the
30-20 use of one or more lanes of a state highway facility, including a
30-21 high occupancy vehicle lane, for the purposes of congestion
30-22 mitigation. The commission may enter into an agreement with a
30-23 regional tollway authority described in Chapter 366, or a transit
30-24 authority described in Chapter 451, 452, or 453, to charge a toll
30-25 for the use of one or more lanes of a state highway facility under
31-1 this subsection.
31-2 (b) The commission may by order set the amount of toll
31-3 charges. Any toll charges shall be imposed in a reasonable and
31-4 nondiscriminatory manner.
31-5 (c) For purposes of congestion mitigation projects and
31-6 facilities under this subchapter, the department, a transportation
31-7 corporation, and a regional tollway authority or a transit
31-8 authority with whom the commission has an agreement under this
31-9 section are successor agencies to the Texas Turnpike Authority for
31-10 purposes of Section 52-b, Article III, Texas Constitution.
31-11 (d) Revenue generated from toll charges and administrative
31-12 fees assessed by the department in connection with a congestion
31-13 mitigation facility shall be deposited in the state highway fund
31-14 and may be used only for projects for the improvement of the state
31-15 highway system. Revenue generated from toll charges and
31-16 administrative fees assessed by an entity with whom the commission
31-17 contracts under this section shall be allocated as required by the
31-18 terms of the agreement.
31-19 (e) The powers granted by this section are subject to the
31-20 restrictions of 23 U.S.C. Section 129.
31-21 Sec. 224.155. FAILURE OR REFUSAL TO PAY TOLL CHARGES. Any
31-22 motor vehicle other than a police or emergency vehicle that is
31-23 driven or towed through a toll collection facility shall pay the
31-24 proper toll.
31-25 Sec. 224.156. ADMINISTRATIVE FEE; NOTICE. (a) In the event
32-1 of nonpayment of the proper toll, on issuance of proper notice of
32-2 nonpayment, the registered owner of the nonpaying vehicle is
32-3 legally bound to pay both the proper toll and an administrative
32-4 fee.
32-5 (b) The commission by rule and a transportation corporation
32-6 by order of its board of directors may respectively fix an
32-7 administrative fee, not to exceed $100, to recover the cost of
32-8 collecting an unpaid toll. The notice of nonpayment to the
32-9 registered owner shall be sent by the department by first-class
32-10 mail not later than 30 days after the date of the alleged failure
32-11 to pay and may require payment not sooner than 30 days after the
32-12 date the notice was mailed. The registered owner shall pay a
32-13 separate toll and administrative fee for each event of nonpayment.
32-14 (c) If the registered owner of the vehicle fails to pay the
32-15 proper toll and administrative fee within the time specified by the
32-16 notice of nonpayment issued under this section, the registered
32-17 owner shall be cited as for other traffic violations for the
32-18 nonpayment, and the owner is legally bound to pay a fine, not to
32-19 exceed $250, for each event of nonpayment. Neither the legal
32-20 obligation to pay nor the actual payment of the fine affects the
32-21 legal duty of the owner for any other fine or penalty prescribed by
32-22 law.
32-23 Sec. 224.157. PROSECUTIONS. (a) In the prosecution of a
32-24 violation under Sections 224.155 and 224.156, proof that the
32-25 vehicle passed through a toll collection facility without payment
33-1 of the proper toll, together with proof that the defendant was the
33-2 registered owner of the vehicle when the failure to pay occurred,
33-3 establishes the nonpayment of the registered owner.
33-4 (b) The court of the local jurisdiction in which the
33-5 violation occurred may assess and collect the fine in addition to
33-6 any court costs. The court shall also collect the proper toll and
33-7 administrative fee and forward the toll and fee to the department
33-8 or to the transportation corporation.
33-9 (c) It is a defense to nonpayment under Section 224.155 or
33-10 224.156 that the motor vehicle in question was stolen before the
33-11 failure to pay the proper toll occurred and was not recovered by
33-12 the time of the failure to pay, but only if the theft was reported
33-13 to the appropriate law enforcement authority before the earlier of:
33-14 (1) the occurrence of the failure to pay; or
33-15 (2) eight hours after discovery of the theft.
33-16 (d) A registered owner who is a lessor of a vehicle
33-17 concerning which a notice of nonpayment was issued under Section
33-18 224.156 is not liable in connection with that notice of nonpayment
33-19 if, not later than 30 days after the date the notice of nonpayment
33-20 is mailed, the registered owner provides to the department or the
33-21 transportation corporation a copy of the rental, lease, or other
33-22 contract document covering the vehicle on the date of the
33-23 nonpayment, with the name and address of the lessee clearly
33-24 legible. Failure to provide this information within the period
33-25 prescribed renders the lessor liable as the registered owner. If
34-1 the lessor provides the required information within the period
34-2 prescribed, the lessee of the vehicle on the date of the violation
34-3 is considered to be the owner of the vehicle for purposes of this
34-4 subchapter and is subject to prosecution for failure to pay the
34-5 proper toll as if the lessee were the registered owner, if the
34-6 department or the transportation corporation sends a notice of
34-7 nonpayment to the lessee by first-class mail within 30 days after
34-8 the date of receipt of the required information from the lessor.
34-9 Sec. 224.158. USE AND RETURN OF TRANSPONDERS. (a) For
34-10 purposes of this section, a "transponder" means a device, placed on
34-11 or within a motor vehicle, that is capable of transmitting
34-12 information used to assess or collect tolls. A transponder is
34-13 "insufficiently funded" when there are no remaining funds in the
34-14 account in connection with which the transponder was issued.
34-15 (b) Any law enforcement officer of the Department of Public
34-16 Safety has the authority to seize a stolen or insufficiently funded
34-17 transponder and to return it to the department or the
34-18 transportation corporation, except that an insufficiently funded
34-19 transponder may not be seized sooner than 30 days after the date
34-20 the department or the transportation corporation has sent a notice
34-21 of delinquency to the holder of the account.
34-22 (c) The following entities shall consider offering motor
34-23 vehicle operators the option of using a transponder to pay tolls
34-24 without stopping, to mitigate congestion at toll collection
34-25 locations, to enhance traffic flow, and to otherwise increase
35-1 efficiency of operations:
35-2 (1) the department;
35-3 (2) a regional tollway authority governed by Chapter
35-4 366;
35-5 (3) a transportation corporation;
35-6 (4) an entity to which a project authorized by this
35-7 subchapter is transferred by an entity described by Subdivision
35-8 (1), (2), or (3); or
35-9 (5) a third-party service provider under contract with
35-10 an entity described by Subdivision (1), (2), (3), or (4).
35-11 Sec. 224.159. ADOPTION OF RULES; PRESCRIBE FORMS. The
35-12 commission shall adopt rules and prescribe forms to administer this
35-13 subchapter.
35-14 SECTION 1.25. Section 431.073, Transportation Code, is
35-15 amended to read as follows:
35-16 Sec. 431.073. PROJECT IN COUNTY OF 500,000 [1.5 MILLION] OR
35-17 MORE OR ADJACENT COUNTY. (a) This section applies only to a
35-18 corporation [in existence on August 31, 1991,] that was created by
35-19 the state or one or more counties or municipalities to implement a
35-20 transportation project in:
35-21 (1) a county with a population of 500,000 [1.5
35-22 million] or more; or
35-23 (2) a county adjacent to a county described by
35-24 Subdivision (1).
35-25 (b) If approved and authorized by the commission, a
36-1 corporation created by the state has the rights, powers,
36-2 privileges, authority, and functions given the department under
36-3 this title to:
36-4 (1) construct, improve, operate, and maintain high
36-5 occupancy vehicle lanes; and
36-6 (2) charge a toll for the use of one or more high
36-7 occupancy vehicle lanes for the purpose of congestion mitigation.
36-8 (c) A corporation in existence on August 31, 1991, has the
36-9 powers, rights, and privileges of a corporation created under
36-10 Chapter 11, Title 32, Revised Statutes, as that law existed on
36-11 August 31, 1991, except that the required right-of-way of any
36-12 highway, road, street, or turnpike may be of the width required or
36-13 approved by the commission or each governing body creating the
36-14 corporation.
36-15 SECTION 1.26. Section 224.033, Transportation Code, is
36-16 amended to read as follows:
36-17 Sec. 224.033. COUNTY IMPROVEMENT OF STATE SYSTEM. (a) The
36-18 commission may enter into an agreement with the commissioners court
36-19 of a county [may contract with the department] for the improvement
36-20 by the county of the state highway system.
36-21 (b) In this section, "improvement" means construction,
36-22 reconstruction, maintenance, and the making of a necessary plan or
36-23 survey before beginning construction, reconstruction, or
36-24 maintenance and includes a project or activity[:]
36-25 [(1)] appurtenant to a state highway and including
37-1 drainage facilities, surveying, traffic counts, driveways,
37-2 landscaping, signs, lights, or guardrails[; or]
37-3 [(2) involving maintenance of a state highway and
37-4 appurtenant facilities].
37-5 SECTION 1.27. Section 251.014, Transportation Code, is
37-6 amended to read as follows:
37-7 Sec. 251.014. COUNTY IMPROVEMENT OF STATE HIGHWAY. (a) The
37-8 commissioners court of a county may enter into an agreement
37-9 [contract] with the commission [department] for the county to carry
37-10 out a project or activity for the improvement of a segment of the
37-11 state highway system.
37-12 (b) In this section, "improvement" means construction,
37-13 reconstruction, maintenance, and the making of a necessary plan or
37-14 survey before beginning construction, reconstruction, or
37-15 maintenance and includes a [if the] project or activity[:]
37-16 [(1) is] appurtenant to a state highway, including
37-17 surveying, making a traffic count, or landscaping or an activity
37-18 relating to a drainage facility, driveway, sign, light, or
37-19 guardrail[; or]
37-20 [(2) involves maintenance of a state highway or
37-21 appurtenant facility].
37-22 SECTION 1.28. Chapter 455, Transportation Code, is amended
37-23 by adding Section 455.0015 to read as follows:
37-24 Sec. 455.0015. TRANSPORTATION NEEDS OF CLIENTS OF HEALTH AND
37-25 HUMAN SERVICES AGENCIES. (a) In performing its public
38-1 transportation planning and funding activities, the department
38-2 shall consider and include the transportation needs of those
38-3 persons who are clients of the health and human services agencies
38-4 of this state.
38-5 (b) It is the intent of the legislature that, whenever
38-6 possible, and to the maximum extent feasible, the existing network
38-7 of transportation providers, and in particular the fixed route
38-8 components of the existing networks, be used to meet the client
38-9 transportation requirements of the state's social service agencies
38-10 and their agents. The legislature recognizes the contributions of
38-11 nonprofit entities dedicated to providing social services and
38-12 related activities and encourages the continued community
38-13 involvement of these entities in this area.
38-14 SECTION 1.29. Subtitle K, Title 6, Transportation Code, is
38-15 amended by adding Chapter 459 to read as follows:
38-16 CHAPTER 459. COORDINATION OF TRANSPORTATION SERVICES
38-17 Sec. 459.001. DEFINITIONS. In this chapter:
38-18 (1) "Social services provider" means a state agency or
38-19 political subdivision of this state, including a contractor of an
38-20 agency or political subdivision, that:
38-21 (A) provides social services under the Health
38-22 and Safety Code, the Human Resources Code, or the Labor Code; and
38-23 (B) receives from the state or federal
38-24 government funds that may be spent to provide, subsidize, or
38-25 reimburse the cost of transportation services.
39-1 (2) "Transportation provider" means an entity that
39-2 provides public transportation services under Chapter 451, 452, or
39-3 453 of this code or Chapter 645, Acts of the 74th Legislature, 1995
39-4 (Article 6663c-1, Vernon's Texas Civil Statutes).
39-5 Sec. 459.002. COORDINATION WITH TRANSPORTATION PROVIDERS. A
39-6 social services provider shall coordinate with each local
39-7 transportation provider to the greatest extent possible to maximize
39-8 the efficiency and effectiveness of transportation services
39-9 available to social services clients. The social services provider
39-10 shall reimburse each transportation provider for services
39-11 performed, including paratransit transportation services, in
39-12 accordance with applicable contracts or vendor agreements.
39-13 Sec. 459.003. INVENTORY OF CURRENT CONTRACTS. (a) Not
39-14 later than October 1 of each year, the department shall provide a
39-15 listing of transportation providers to the executive director of
39-16 each state agency that provides social services under the Health
39-17 and Safety Code, the Human Resources Code, or the Labor Code. The
39-18 listing shall include the name, address, and telephone number of
39-19 each transportation provider, the name of a designated contact
39-20 person for each transportation provider, and the names of the
39-21 counties served by each transportation provider. The department
39-22 shall also provide a listing of areas not served by a
39-23 transportation provider along with the name, address, telephone
39-24 number, and the name of the designated contact person of each
39-25 transportation provider serving an area contiguous to an unserved
40-1 area.
40-2 (b) Not later than November 1 of each year, the executive
40-3 director of a state agency receiving information under Subsection
40-4 (a) shall forward the listing of transportation providers,
40-5 including the listing for unserved areas, to each social services
40-6 provider that contracts for client transportation services within a
40-7 transportation provider's service area or a contiguous unserved
40-8 area under the state agency's programs.
40-9 (c) A social services provider receiving information under
40-10 Subsection (b) shall, not later than January 1 of each year,
40-11 provide to the transportation provider an inventory of current
40-12 contracts and in-house capital resources for the provision of
40-13 client transportation services within each transportation
40-14 provider's service area or an area contiguous to the service area
40-15 that is not served by a transportation provider.
40-16 (d) At a minimum, the inventory under Subsection (c) must
40-17 include the name of the social services provider, the duration and
40-18 dollar amount of the contract, the unit or service rate, a
40-19 geographic description of the service area, and a description of
40-20 the type of service provided.
40-21 SECTION 1.30. Section 623.074, Transportation Code, is
40-22 amended by adding Subsection (d) to read as follows:
40-23 (d) The department may by rule authorize an applicant to
40-24 submit an application electronically. An electronically submitted
40-25 application shall be considered signed if a digital signature is
41-1 transmitted with the application and intended by the applicant to
41-2 authenticate the application. For purposes of this subsection,
41-3 "digital signature" means an electronic identifier intended by the
41-4 person using it to have the same force and effect as the use of a
41-5 manual signature.
41-6 SECTION 1.31. (a) Not later than April 30, 1998, the Texas
41-7 Department of Transportation shall complete a study of alternative
41-8 routes for a second transportation link from the mainland to South
41-9 Padre Island that would:
41-10 (1) provide an alternative for emergency ingress or
41-11 egress for permanent residents and daily and overnight visitors;
41-12 (2) better disperse the traffic on the island to
41-13 reduce congestion at the southern end of the island;
41-14 (3) reduce the travel time and cost by providing a
41-15 more direct route to the island from upper Rio Grande Valley
41-16 locations and provide relief to traffic congestion in
41-17 municipalities along existing highway routes; and
41-18 (4) give priority to environmentally friendly
41-19 alternative options, such as a light-rail highway combination, that
41-20 could be anchored at the Valley International Airport and the South
41-21 Padre Convention Center or at other logical destinations.
41-22 (b) The Texas Department of Transportation shall, not later
41-23 than December 31, 1998, report to the legislature on the
41-24 department's plans to implement the recommendations of the study
41-25 described by Subsection (a) of this section.
42-1 SECTION 1.32. Subsection (b), Section 201.109,
42-2 Transportation Code, is amended to read as follows:
42-3 (b) In carrying out this section, the commission shall
42-4 provide for:
42-5 (1) maximizing the generation of revenue from existing
42-6 assets of the department, including real estate;
42-7 (2) increasing the role of the private sector and
42-8 public-private projects in the leasing of real estate and other
42-9 assets in the development of highway projects;
42-10 (3) setting and attempting to meet annual revenue
42-11 enhancement goals;
42-12 (4) reporting on the progress in meeting revenue
42-13 enhancement goals in the department's annual report; [and]
42-14 (5) contracting for an independent audit of the
42-15 department's management and business operations in 2001 and each
42-16 12th year after 2001; and
42-17 (6) developing a cost-benefit analysis between the use
42-18 of local materials previously incorporated into roadways versus use
42-19 of materials blended or transported from other sources.
42-20 SECTION 1.33. Subchapter C, Chapter 791, Government Code, is
42-21 amended by adding Section 791.031 to read as follows:
42-22 Sec. 791.031. TRANSPORTATION INFRASTRUCTURE. (a) This
42-23 section applies only to a local government, other than a school
42-24 district, that is authorized to impose ad valorem taxes on real
42-25 property.
43-1 (b) The Texas Department of Transportation may enter into an
43-2 interlocal contract with a local government for the financing of
43-3 transportation infrastructure that is constructed or that is to be
43-4 constructed in the territory of the local government by the
43-5 department in a corridor of land on which no existing state or
43-6 federal highway is located.
43-7 (c) The agreement must include:
43-8 (1) the duration of the agreement, which may not
43-9 exceed 12 years;
43-10 (2) a description of each transportation
43-11 infrastructure project or proposed project;
43-12 (3) a map showing the location of each project and
43-13 property included in the contract; and
43-14 (4) an estimate of the cost of each project.
43-15 (d) The agreement may establish one or more transportation
43-16 infrastructure zones. The Texas Department of Transportation and
43-17 the local government may agree that at one or more specified times,
43-18 the local government will pay to the Texas Department of
43-19 Transportation an amount that is calculated on the basis of
43-20 increased ad valorem tax collections in a zone that are
43-21 attributable to increased values of property located in the zone
43-22 resulting from an infrastructure project. The amount may not
43-23 exceed an amount that is equal to 30 percent of the increase in ad
43-24 valorem tax collections for the specified period.
43-25 (e) Money received by the Texas Department of Transportation
44-1 under this section may be used:
44-2 (1) to provide a local match for the acquisition of
44-3 right-of-way in the territory of the local government; or
44-4 (2) for design, construction, operation, or
44-5 maintenance of transportation facilities in the territory of the
44-6 local government.
44-7 SECTION 1.34. Subtitle A, Title 4, Transportation Code, is
44-8 amended by adding Chapter 53 to read as follows:
44-9 CHAPTER 53. PORT AUTHORITY ADVISORY COMMITTEE
44-10 Sec. 53.001. PORT AUTHORITY ADVISORY COMMITTEE. (a) The
44-11 port authority advisory committee consists of five members
44-12 appointed by the Texas Transportation Commission to advise the
44-13 commission and the Texas Department of Transportation on matters
44-14 relating to port authorities, including:
44-15 (1) intermodal and multimodal transportation issues
44-16 relating to Texas waterways and ports and port improvements; and
44-17 (2) the identification and development of funding
44-18 mechanisms, including the state infrastructure bank, for addressing
44-19 the issues described by Subdivision (1).
44-20 (b) The members shall be appointed as follows:
44-21 (1) one member who represents the Port of Houston
44-22 Authority of Harris County, Texas;
44-23 (2) two members who represent ports other than Houston
44-24 on the upper Texas coast; and
44-25 (3) two members who represent ports on the lower Texas
45-1 coast.
45-2 (c) A committee member serves at the pleasure of the Texas
45-3 Transportation Commission.
45-4 (d) A committee member may not receive compensation for
45-5 serving as a member but is entitled to reimbursement for reasonable
45-6 expenses incurred in performing the member's duties.
45-7 (e) The Texas Transportation Commission may adopt rules to
45-8 govern the operations of the committee.
45-9 SECTION 1.35. Section 201.105, Transportation Code, is
45-10 amended by adding Subsection (g) to read as follows:
45-11 (g) The commission may require by rule that any product or
45-12 material that is approved for use in any one district may be
45-13 approved for use by any other district.
45-14 SECTION 1.36. (a) Subchapter C, Chapter 201, Transportation
45-15 Code, is amended by adding Section 201.112 to read as follows:
45-16 Sec. 201.112. CONTRACT CLAIMS. (a) The commission may by
45-17 rule establish procedures for the informal resolution of a claim
45-18 arising out of a contract described by:
45-19 (1) Section 22.018;
45-20 (2) Chapter 223; or
45-21 (3) Chapter 2254, Government Code.
45-22 (b) If a person with a claim is dissatisfied with the
45-23 department's resolution of the claim under the procedures
45-24 authorized under Subsection (a), the person may request a formal
45-25 administrative hearing to resolve the claim under Chapter 2001,
46-1 Government Code.
46-2 (c) An administrative law judge's proposal for decision
46-3 rendered under Chapter 2001, Government Code, shall be submitted to
46-4 the director for adoption. Notwithstanding any law to the
46-5 contrary, the director may change a finding of fact or conclusion
46-6 of law made by the administrative law judge or may vacate or modify
46-7 an order issued by the administrative law judge. The director
46-8 shall provide a written statement containing the reason and legal
46-9 basis for a change made under this subsection.
46-10 (d) The director's final order is subject to judicial review
46-11 under Chapter 2001, Government Code, under the substantial evidence
46-12 rule.
46-13 (e) This section does not waive state immunity from
46-14 liability.
46-15 (b) Notwithstanding any other law, the procedures prescribed
46-16 by Section 201.112, Transportation Code, as added by Subsection (a)
46-17 of this section, shall constitute the exclusive remedy at law for
46-18 the resolution of a claim governed by that section.
46-19 (c) Section 201.112, Transportation Code, as added by
46-20 Subsection (a) of this section, applies to any claim governed by
46-21 that section:
46-22 (1) filed with the Texas Department of Transportation
46-23 on or after the effective date of this Act; or
46-24 (2) pending before the Texas Department of
46-25 Transportation on the effective date of this Act.
47-1 (d) For purposes of Subdivision (2) of Subsection (c) of
47-2 this section, a claim is pending before the Texas Department of
47-3 Transportation if the claim has been filed, but the claimant has
47-4 not sought judicial review under Chapter 2001, Government Code.
47-5 SECTION 1.37. Subchapter D, Chapter 201, Transportation
47-6 Code, is amended by adding Section 201.2035 to read as follows:
47-7 Sec. 201.2035. ACCOUNTING STRUCTURE. The department shall
47-8 create and maintain an accounting structure for roadway and
47-9 warehouse inventory of the department. The accounting structure
47-10 must provide for the accounting for lost or destroyed materials.
47-11 SECTION 1.38. Subchapter F, Chapter 201, Transportation
47-12 Code, is amended by adding Section 201.406 to read as follows:
47-13 Sec. 201.406. RELOCATION ASSISTANCE. (a) In addition to
47-14 authority granted by other law, the department may reimburse
47-15 transferred employees for expenses or costs related to selling
47-16 existing housing and purchasing and financing comparable
47-17 replacement housing if the director determines that the transfer
47-18 will enhance the department's ability to accomplish its goals and
47-19 missions.
47-20 (b) For purposes of this section, the following expenses or
47-21 costs related to the selling of existing housing and the leasing,
47-22 purchasing, and financing of comparable replacement housing are
47-23 reimbursable:
47-24 (1) any commissions and fees due to a broker or real
47-25 estate agent;
48-1 (2) costs incurred as a purchaser to obtain a home
48-2 loan, including loan application fees, credit report fees, and
48-3 mortgage points;
48-4 (3) origination fees, title insurance, recording fees,
48-5 and all other closing costs required to be paid by the employee;
48-6 (4) fees or charges, other than refundable deposits,
48-7 necessary to establish telephone, gas, and electric service; and
48-8 (5) travel expenses incurred while looking for a new
48-9 residence, reimbursed at the standard mileage rate, for travel to
48-10 and from the new designated headquarters.
48-11 (c) Under this section, the department may not:
48-12 (1) provide reimbursement for more than five employees
48-13 per fiscal year;
48-14 (2) pay a sum of more than $15,000 to any employee;
48-15 (3) purchase or pay any part of the purchase price of
48-16 any employee's home;
48-17 (4) provide reimbursement for the purchase or
48-18 financing of a house if the employee did not own and occupy
48-19 existing housing at the time of transfer; or
48-20 (5) provide reimbursement when the distance between
48-21 the two designated headquarters of a transferred employee is less
48-22 than 25 miles.
48-23 (d) The department may pay the reasonable, necessary, and
48-24 resulting costs of moving the household goods and effects of a
48-25 transferred employee if:
49-1 (1) the director determines that the transfer will
49-2 enhance the department's ability to accomplish its goals and
49-3 missions; and
49-4 (2) the distance between the two designated
49-5 headquarters of a transferred employee is at least 25 miles.
49-6 SECTION 1.39. Subchapter H, Chapter 201, Transportation
49-7 Code, is amended by adding Section 201.610 to read as follows:
49-8 Sec. 201.610. HIGHWAY SOUND BARRIERS. The department may
49-9 erect a sound barrier to reduce the noise from a road or highway in
49-10 the state highway system at any location the department determines
49-11 is appropriate, including along the right-of-way of a railroad that
49-12 runs parallel or adjacent to a road or highway.
49-13 SECTION 1.40. Subchapter H, Chapter 201, Transportation
49-14 Code, is amended by adding Section 201.611 to read as follows:
49-15 Sec. 201.611. COORDINATION OF FLOOD CONTROL. In the
49-16 construction of its highway projects, the department shall
49-17 coordinate with local flood control authorities to minimize the
49-18 impact of flooding.
49-19 SECTION 1.41. Subchapter I, Chapter 201, Transportation
49-20 Code, is amended by adding Section 201.706 to read as follows:
49-21 Sec. 201.706. LOCAL GOVERNMENT ASSISTANCE. From
49-22 appropriated funds, the department shall assist counties with
49-23 materials to repair and maintain county roads. The department
49-24 shall:
49-25 (1) provide that the total annual value of assistance
50-1 under this section is:
50-2 (A) at least $12 million per year for fiscal
50-3 years 1998 and 1999; and
50-4 (B) at least $6 million per year for a fiscal
50-5 year other than 1998 or 1999;
50-6 (2) make maximum usage of surplus materials on hand;
50-7 (3) develop rules and procedures to implement this
50-8 section and to provide for the distribution of the assistance with
50-9 preference given to counties with an above average number of
50-10 overweight trucks receiving weight tolerance permits based on the
50-11 previous year's permit totals; and
50-12 (4) undertake cooperative and joint procurement of
50-13 road materials with counties under General Services Commission
50-14 procedures.
50-15 SECTION 1.42. Subtitle B, Title 6, Transportation Code, is
50-16 amended by adding Chapter 226 to read as follows:
50-17 CHAPTER 226. EMERGENCY HIGHWAY CALL BOX SYSTEM
50-18 Sec. 226.001. DEFINITION. In this chapter, "emergency
50-19 response services" means:
50-20 (1) fire-fighting, law enforcement, or emergency
50-21 medical services that are provided by a public agency; or
50-22 (2) motorist assistance services.
50-23 Sec. 226.002. APPLICABILITY; LIMITATION ON EXPENDITURES.
50-24 This chapter does not:
50-25 (1) apply to a segment of a highway that the
51-1 commission has designated as a farm-to-market or ranch-to-market
51-2 road; or
51-3 (2) authorize the department to make an expenditure of
51-4 money for the implementation, operation, or maintenance of the
51-5 emergency telephone call box system out of the state highway fund.
51-6 Sec. 226.003. INSTALLATION, OPERATION, AND MAINTENANCE OF
51-7 CALL BOX SYSTEM. (a) The department may provide for the
51-8 installment, operation, and maintenance of a system of emergency
51-9 telephone call boxes along those highways in this state that are
51-10 part of the designated state highway system.
51-11 (b) The system may:
51-12 (1) be designed to enable users of those highways to
51-13 request emergency and nonemergency response services;
51-14 (2) include:
51-15 (A) wired or wireless telecommunications
51-16 services; and
51-17 (B) one or more motorist assistance answering
51-18 centers; and
51-19 (3) be capable of performing compatible Intelligent
51-20 Transportation System (ITS) functions.
51-21 (c) To minimize call processing loads in public safety
51-22 answering points established under Chapter 771 or 772, Health and
51-23 Safety Code, the department may contract with a private entity to
51-24 perform the functions of a motorist assistance answering center
51-25 under Subsection (b)(2)(B).
52-1 Sec. 226.004. FUNDING. The department may implement a call
52-2 box system under this chapter if a public or private entity
52-3 provides all direct and indirect costs necessary for the
52-4 installment, operation, and maintenance of the system.
52-5 Sec. 226.005. LOCATION OF AND DISTANCE BETWEEN CALL BOXES.
52-6 The location of the emergency call boxes shall be determined by the
52-7 department in accordance with the design specifications of the
52-8 system.
52-9 Sec. 226.006. CONTRACTS FOR IMPLEMENTATION AND INSTALLATION.
52-10 (a) The department may award a contract for the installation,
52-11 maintenance, or operation of a call box system in the manner
52-12 provided by Chapter 223.
52-13 (b) The department may solicit proposals for and enter into
52-14 one or more lease-purchase agreements under this chapter.
52-15 Sec. 226.007. INTERGOVERNMENTAL COOPERATION. The Advisory
52-16 Commission on State Emergency Communications, agencies of this
52-17 state, and each county and municipality in this state shall
52-18 cooperate in the design, establishment, operation, and maintenance
52-19 of the emergency telephone call box system.
52-20 SECTION 1.43. (a) Section 472.011, Transportation Code, is
52-21 amended to read as follows:
52-22 Sec. 472.011. Definition. In this subchapter, "personal
52-23 property" includes personal property of any kind or character,
52-24 including:
52-25 (1) a vehicle, as defined by Section 502.001, that is
53-1 damaged or disabled;
53-2 (2) spilled cargo;[,]
53-3 (3) a hazardous material as defined by 49 U.S.C. App.
53-4 Section 1802;[,] and
53-5 (4) a hazardous substance as defined by Section
53-6 26.263, Water Code.
53-7 (b) Section 472.014, Transportation Code, is amended to read
53-8 as follows:
53-9 Sec. 472.014. Department Not Liable for Damages.
53-10 Notwithstanding any other provision of law, the [The] department
53-11 and its officers and employees are not liable for:
53-12 (1) any damage to personal property resulting from its
53-13 removal or disposal by the department unless the removal or
53-14 disposal is carried out recklessly or in a grossly negligent
53-15 manner; or
53-16 (2) any damage resulting from the failure to exercise
53-17 authority granted under this subchapter.
53-18 SECTION 1.44. Subchapter F, Chapter 502, Transportation
53-19 Code, is amended by adding Section 502.2703 to read as follows:
53-20 Sec. 502.2703. PROFESSIONAL SPORTS TEAM LICENSE PLATES.
53-21 (a) The department shall issue for passenger cars and light trucks
53-22 specially designed license plates that include the name and
53-23 insignia of a professional sports team located in this state.
53-24 (b) The department may not issue a license plate under this
53-25 section for a particular professional sports team unless that team:
54-1 (1) certifies to the department that it has determined
54-2 that at least 5,000 persons will apply for the plates; and
54-3 (2) plays its home games in a facility constructed or
54-4 operated, in whole or in part, with public funds.
54-5 (c) Except as provided by Subsection (b), the department
54-6 shall issue license plates under this section to a person who:
54-7 (1) applies to the county assessor-collector of the
54-8 county in which the person resides on a form provided by the
54-9 department; and
54-10 (2) pays an annual fee of $35, in addition to the fee
54-11 prescribed by Section 502.161 and, if personalized prestige license
54-12 plates are issued, in addition to the fee prescribed by Section
54-13 502.251.
54-14 (d) Of each fee collected under this section, the department
54-15 shall:
54-16 (1) send $25 to the public entity that provided public
54-17 funds for the construction or renovation of the facility in which
54-18 the professional sports team plays its home games or that provides
54-19 public funds for the operation of that facility; and
54-20 (2) deposit $10 to the credit of the state highway
54-21 fund.
54-22 (e) Funds distributed to a public entity under Subsection
54-23 (d)(1) shall be deposited to the credit of the venue project fund,
54-24 if the public entity has created a venue project fund under Section
54-25 334.042 or 335.072, Local Government Code. If the public entity
55-1 has not created a venue project fund, funds distributed to a public
55-2 entity under Subsection (d)(1) must first be used to retire any
55-3 public debt incurred by the public entity in the construction or
55-4 acquisition of the facility in which the professional sports team
55-5 plays its home games. After that debt is retired, funds
55-6 distributed to the public entity may be spent only for maintenance
55-7 or improvement of the facility.
55-8 (f) If the owner of a vehicle registered under this section
55-9 disposes of the vehicle during the registration year, the owner
55-10 shall return the special license plates to the department.
55-11 (g) In this section:
55-12 (1) "Public entity" includes a municipality, county,
55-13 industrial development corporation, or special district that is
55-14 authorized to plan, acquire, establish, develop, construct, or
55-15 renovate a facility in which a professional sports team plays its
55-16 home games.
55-17 (2) "Professional sports team" means a sports team
55-18 that is a member or an affiliate of a member of the National
55-19 Football League, National Basketball Association, or National
55-20 Hockey League or a major league baseball team.
55-21 SECTION 1.45. Subchapter H, Chapter 545, Transportation
55-22 Code, is amended by adding Section 545.3535 to read as follows:
55-23 Sec. 545.3535. AUTHORITY OF TEXAS TRANSPORTATION COMMISSION
55-24 TO ALTER SPEED LIMITS ON CERTAIN ROADS. (a) The commissioners
55-25 court of a county may request the Texas Transportation Commission
56-1 to determine and declare a reasonable and safe prima facie speed
56-2 limit that is lower than a speed limit established by Section
56-3 545.352 on any part of a farm-to-market or a ranch-to-market road
56-4 of the highway system that is located in that county and has a
56-5 pavement width of 20 feet or less.
56-6 (b) If the commission receives a request under Subsection
56-7 (a), the commission shall publish in a newspaper of general
56-8 circulation in the affected county notice of:
56-9 (1) the request of the commissioners court; and
56-10 (2) the time and place of a hearing in the county on
56-11 the request.
56-12 (c) The commission may elect to determine and declare a
56-13 lower speed limit on any part of the road without an engineering
56-14 and traffic investigation, but the commission must use sound and
56-15 generally accepted traffic engineering practices in determining and
56-16 declaring the lower speed limit.
56-17 (d) The commission by rule shall establish standards for
56-18 determining lower speed limits within a set range.
56-19 SECTION 1.46. (a) Subchapter B, Chapter 21, Property Code,
56-20 is amended by adding Section 21.0195 to read as follows:
56-21 Sec. 21.0195. DISMISSAL OF CERTAIN CONDEMNATION PROCEEDINGS;
56-22 TEXAS DEPARTMENT OF TRANSPORTATION. (a) This section applies only
56-23 to the dismissal of a condemnation proceeding that involves the
56-24 Texas Department of Transportation.
56-25 (b) The department may move to dismiss a proceeding it
57-1 files, and the court shall conduct a hearing on the motion. The
57-2 court may grant the motion only if the court determines that the
57-3 property owner's interest will not be materially affected by the
57-4 dismissal. The department may not dismiss the condemnation
57-5 proceedings merely to institute new proceedings that involve
57-6 substantially the same condemnation against the same property owner
57-7 solely to obtain a lower condemnation award.
57-8 (c) If a court dismisses a condemnation proceeding on the
57-9 motion of the department or as a result of the failure of the
57-10 department to bring the proceeding properly, the court shall make
57-11 an allowance to the property owner for the value of the
57-12 department's use of the property while in possession of the
57-13 property, any damage that the condemnation has caused to the
57-14 property owner, and any expenses the property owner has incurred in
57-15 connection with the condemnation, including reasonable and
57-16 necessary fees for attorneys.
57-17 (b) The changes in law made by this section apply only to
57-18 dismissal of a condemnation proceeding for which a motion is made
57-19 on or after the effective date of this section. Dismissal of a
57-20 condemnation proceeding for which a motion is made before the
57-21 effective date of this section is governed by the law in effect at
57-22 the time the motion was made, and that law is continued in effect
57-23 for that purpose.
57-24 SECTION 1.47. The Texas Department of Transportation shall
57-25 conduct a feasibility study to determine the need for construction
58-1 of additional public rest areas with restrooms along the section of
58-2 Interstate 35 between San Antonio and Laredo and report its
58-3 findings to the legislature not later than January 1, 1999.
58-4 SECTION 1.48. (a) Notwithstanding any other law including
58-5 Chapter 552, Government Code, the Texas Department of
58-6 Transportation is prohibited from providing motor vehicle
58-7 certificate of title information or motor vehicle registration
58-8 personal information that consists of the name, address, or date of
58-9 birth of an individual unless the person receiving the information
58-10 agrees in writing with the department that the person will not
58-11 disseminate or publish the information on the Internet or similar
58-12 computer cyberspace network or bulletin board or permit another to
58-13 disseminate or publish the information in that manner.
58-14 (b) A person having access to or in possession of the
58-15 information provided under this section may not disseminate or
58-16 publish this information on the Internet or similar computer
58-17 cyberspace network or bulletin board. A person commits an offense
58-18 if the person disseminates or distributes information in violation
58-19 of this section.
58-20 (c) An offense under this section is a misdemeanor
58-21 punishable by:
58-22 (1) a fine of not more than $1,000;
58-23 (2) confinement in the county jail for not more than
58-24 six months; or
58-25 (3) both the fine and confinement.
59-1 (d) As soon as practicable, the Texas Department of
59-2 Transportation shall adopt emergency rules to implement this
59-3 section.
59-4 (e) This section takes effect only if S.B. No. 1069, 75th
59-5 Legislature, Regular Session, 1997, does not become law. If that
59-6 legislation becomes law, this section has no effect.
59-7 SECTION 1.49. Subsection (e), Section 201.051,
59-8 Transportation Code, is repealed.
59-9 SECTION 1.50. (a) As soon as practicable, the Texas
59-10 Department of Transportation, using funds authorized by minute
59-11 order 106860 passed by the Texas Transportation Commission on June
59-12 18, 1996, shall conduct a study to explore whether it is practical
59-13 for the department to develop and carry out a statewide Type II
59-14 Noise Abatement Program.
59-15 (b) Not later than the 10th day after the date on which the
59-16 Texas Department of Transportation releases a report or the results
59-17 of the study, the department shall provide notice of the study to
59-18 each member of the legislature who represents a county that is
59-19 covered by the study or that may be affected by the study.
59-20 (c) On request of a member of the legislature, the Texas
59-21 Department of Transportation shall provide the member with a copy
59-22 of the study.
59-23 ARTICLE 2. OUTDOOR ADVERTISING
59-24 SECTION 2.01. Section 391.065, Transportation Code, is
59-25 amended by adding Subsection (c) to read as follows:
60-1 (c) The commission may not adopt a rule under this chapter
60-2 that restricts competitive bidding or advertising by the holder of
60-3 a license issued under this chapter other than a rule to prohibit
60-4 false, misleading, or deceptive practices. The limitation provided
60-5 by this section applies only to rules relating to the occupation of
60-6 outdoor advertiser and does not affect the commission's power to
60-7 regulate the orderly and effective display of outdoor advertising
60-8 under this chapter. A rule to prohibit false, misleading, or
60-9 deceptive practices may not:
60-10 (1) restrict the use of:
60-11 (A) any legal medium for an advertisement;
60-12 (B) the license holder's advertisement under a
60-13 trade name; or
60-14 (C) the license holder's personal appearance or
60-15 voice in an advertisement, if the license holder is an individual;
60-16 or
60-17 (2) relate to the size or duration of an advertisement
60-18 by the license holder.
60-19 SECTION 2.02. Section 391.062, Transportation Code, is
60-20 amended by adding Subsection (c) to read as follows:
60-21 (c) At least 30 days before the date on which a person's
60-22 license expires, the commission shall notify the person of the
60-23 impending expiration. The notice must be in writing and sent to
60-24 the person's last known address according to the records of the
60-25 commission.
61-1 SECTION 2.03. Subsection (a), Section 391.066,
61-2 Transportation Code, is amended to read as follows:
61-3 (a) The commission may revoke or suspend a license issued
61-4 under this subchapter or place on probation a license holder whose
61-5 license is suspended if the license holder violates this chapter or
61-6 a rule adopted under this chapter. If the suspension of the
61-7 license is probated, the department may require the license holder
61-8 to report regularly to the commission on any matter that is the
61-9 basis of the probation.
61-10 SECTION 2.04. Subchapter D, Chapter 391, Transportation
61-11 Code, is amended by adding Sections 391.097 and 391.098 to read as
61-12 follows:
61-13 Sec. 391.097. MAJOR AGRICULTURAL INTEREST SIGN. (a) In
61-14 this section:
61-15 (1) "Eligible rural highway" means a highway that:
61-16 (A) has noncontrolled access; and
61-17 (B) is outside the corporate limits of a
61-18 municipality.
61-19 (2) "Major agricultural interest" means a farm, ranch,
61-20 winery, nursery, greenhouse, or other facility that:
61-21 (A) sows or cultivates an agricultural product;
61-22 (B) devotes a minimum of five acres of land to
61-23 the production of the agricultural product;
61-24 (C) markets the product on the premises as a
61-25 retail sale of the product; and
62-1 (D) conducts public tours of the grounds or
62-2 facilities.
62-3 (b) The commission shall enter into one or more contracts
62-4 with an individual, firm, group, or association in this state to
62-5 erect and maintain major agricultural interest signs at appropriate
62-6 locations along eligible rural highways.
62-7 (c) A contract under this section shall provide for:
62-8 (1) the assessment of fees to be paid to a contractor
62-9 by a commercial establishment of a major agricultural interest; and
62-10 (2) remittance to the department of a portion of the
62-11 fees collected by the contractor in an amount sufficient to recover
62-12 the department's costs of administering the program.
62-13 (d) To be eligible to have its name displayed on a major
62-14 agricultural interest sign, a major agricultural interest must be
62-15 located within five miles of an intersection with an eligible rural
62-16 highway.
62-17 (e) A major agricultural interest sign must:
62-18 (1) have a brown background with a white reflective
62-19 legend and border;
62-20 (2) not contain a corporate or trademark symbol; and
62-21 (3) not contain a message, symbol, or trademark that
62-22 resembles an official traffic control device.
62-23 (f) The commission shall:
62-24 (1) regulate the content, composition, placement,
62-25 erection, and maintenance of major agricultural interest signs and
63-1 supports on an eligible rural highway right-of-way; and
63-2 (2) adopt rules necessary to administer and enforce
63-3 this section.
63-4 Sec. 391.098. VARIANCES. (a) The commission shall
63-5 authorize the director to grant variances, on a case-by-case basis,
63-6 to the eligibility, location, or placement of specific logo signs,
63-7 major agricultural interest signs, and major shopping area guide
63-8 signs, including the highways along which a sign may be located.
63-9 The commission may adopt rules prescribing conditions or guidelines
63-10 the director should or must consider when determining whether to
63-11 grant a variance.
63-12 (b) The director may grant a variance if the director
63-13 determines that:
63-14 (1) the variance would promote traffic safety;
63-15 (2) the variance would improve traffic flow;
63-16 (3) an overpass, highway sign, or other highway
63-17 structure unduly obstructs the visibility of an existing commercial
63-18 sign; or
63-19 (4) the variance would satisfy other conditions or
63-20 guidelines prescribed by commission rules authorizing the granting
63-21 of variances.
63-22 (c) The director may not grant a variance to the
63-23 requirements of this subchapter regarding supports, content, or
63-24 composition of signs.
63-25 SECTION 2.05. Section 394.003, Transportation Code, is
64-1 amended by adding Subsection (c) to read as follows:
64-2 (c) This chapter does not apply to a directional sign for a
64-3 small business, as defined by Section 2006.001, Government Code,
64-4 if the sign:
64-5 (1) is on private property; and
64-6 (2) has a surface area not larger than 50 square feet.
64-7 SECTION 2.06. Subsection (b), Section 394.021,
64-8 Transportation Code, is amended to read as follows:
64-9 (b) Except as otherwise authorized by this chapter, the
64-10 commission may not issue a permit for an off-premise sign unless
64-11 the sign is to be located:
64-12 (1) within 800 feet of a [one or more] recognized
64-13 commercial or industrial business activity or the office of a
64-14 governmental entity [activities]; and
64-15 (2) on the same side of the road as the business
64-16 activity or the office of the governmental entity [activities].
64-17 ARTICLE 3. TEXAS MOTOR VEHICLE COMMISSION CODE
64-18 SECTION 3.01. Section 2.02A, Texas Motor Vehicle Commission
64-19 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
64-20 to read as follows:
64-21 Sec. 2.02A. APPOINTMENTS. Appointments to the Commission
64-22 shall be made without [with due] regard to [for] the race, color,
64-23 disability, sex, religion, or [ethnicity, gender, and] national
64-24 origin of the appointees.
64-25 SECTION 3.02. Subchapter B, Texas Motor Vehicle Commission
65-1 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
65-2 by adding Section 2.03A to read as follows:
65-3 Sec. 2.03A. TRAINING ON DEPARTMENT AND CERTAIN LAWS RELATING
65-4 TO DEPARTMENT. (a) To be eligible to take office as a member of
65-5 the Commission, a person appointed to the Commission must complete
65-6 at least one course of a training program that complies with this
65-7 section.
65-8 (b) The training program must provide information to the
65-9 person regarding:
65-10 (1) this Act;
65-11 (2) the programs operated by the department;
65-12 (3) the role and functions of the department;
65-13 (4) the rules of the department with an emphasis on
65-14 the rules that relate to disciplinary and investigatory authority;
65-15 (5) the current budget for the department;
65-16 (6) the results of the most recent formal audit of the
65-17 department;
65-18 (7) the requirements of the:
65-19 (A) open meetings law, Chapter 551, Government
65-20 Code;
65-21 (B) open records law, Chapter 552, Government
65-22 Code; and
65-23 (C) administrative procedure law, Chapter 2001,
65-24 Government Code;
65-25 (8) the requirements of the conflict of interest laws
66-1 and other laws relating to public officials; and
66-2 (9) any applicable ethics policies adopted by the
66-3 Commission or the Texas Ethics Commission.
66-4 (c) A person appointed to the Commission is entitled to
66-5 reimbursement for travel expenses incurred in attending the
66-6 training program, as provided by the General Appropriations Act and
66-7 as if the person were a member of the Commission.
66-8 SECTION 3.03. Subsection (b), Section 2.08, Texas Motor
66-9 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
66-10 Statutes), is amended to read as follows:
66-11 (b) The Commission is subject to Chapters 551 and 2001,
66-12 Government Code [the open meetings law, Chapter 271, Acts of the
66-13 60th Legislature, Regular Session, 1967, as amended (Article
66-14 6252-17, Vernon's Texas Civil Statutes)].
66-15 SECTION 3.04. Subsection (c), Section 2.08A, Texas Motor
66-16 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
66-17 Statutes), is amended to read as follows:
66-18 (c) If the Executive Director has knowledge that a potential
66-19 ground for removal exists, the Executive Director shall notify the
66-20 Chairman of the Commission of the ground. The Chairman shall then
66-21 notify the Governor and the Attorney General that a potential
66-22 ground for removal exists. If the potential ground for removal
66-23 relates to the Chairman of the Commission, the Executive Director
66-24 shall notify the Vice-chairman of the Commission, who shall notify
66-25 the Governor and the Attorney General that a potential ground for
67-1 removal exists.
67-2 SECTION 3.05. Subsection (e), Section 2.09, Texas Motor
67-3 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
67-4 Statutes), is amended to read as follows:
67-5 (e) The Executive Director shall appoint and employ such
67-6 Commission staff as are necessary to carry out the duties and
67-7 functions of the Executive Director and the Commission under this
67-8 Act. The Commission shall develop and implement policies that
67-9 clearly separate the policy-making [define the respective]
67-10 responsibilities of the Commission and the management
67-11 responsibilities of the Executive Director and staff of the
67-12 Commission.
67-13 SECTION 3.06. Subsection (b), Section 2.10, Texas Motor
67-14 Vehicle Commission Code (Article 4413(36), Vernon's Texas Civil
67-15 Statutes), is amended to read as follows:
67-16 (b) The Commission shall file annually with the Governor and
67-17 the presiding officer of each house of the legislature a complete
67-18 and detailed written report accounting for all funds received and
67-19 disbursed by the Commission during the preceding fiscal year. The
67-20 annual report must comply with each reporting requirement
67-21 applicable to financial reporting [be in the form and reported in
67-22 the time] provided by the General Appropriations Act.
67-23 SECTION 3.07. Section 2.12, Texas Motor Vehicle Commission
67-24 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
67-25 to read as follows:
68-1 Sec. 2.12. COMPLAINTS. (a) The Commission shall:
68-2 (1) keep an information file about each complaint
68-3 filed with the Commission that the Commission has authority to
68-4 resolve; and
68-5 (2) provide the person who filed the complaint, and
68-6 each person or entity that is the subject of the complaint,
68-7 information about the Commission's policies and procedures relating
68-8 to complaint investigation and resolution.
68-9 (b) If a written complaint is filed with the Commission that
68-10 the Commission has authority to resolve, the Commission, at least
68-11 quarterly and until final disposition of the complaint, shall
68-12 notify the parties to the complaint of the status of the complaint
68-13 unless the notice would jeopardize an ongoing Commission
68-14 investigation.
68-15 (c) With regard to each complaint filed with the Commission,
68-16 the Commission shall keep the following information:
68-17 (1) the date the complaint is filed;
68-18 (2) the name of the person filing the complaint;
68-19 (3) the subject matter of the complaint;
68-20 (4) a record of each person contacted in relation to
68-21 the complaint;
68-22 (5) a summary of the results of the review or
68-23 investigation of the complaint; and
68-24 (6) if the Commission takes no action on the
68-25 complaint, an explanation of the reasons that no action was taken.
69-1 SECTION 3.08. Subsections (a), (b), and (d), Section 2.13,
69-2 Texas Motor Vehicle Commission Code (Article 4413(36), Vernon's
69-3 Texas Civil Statutes), are amended to read as follows:
69-4 (a) The Executive Director or his designee shall develop an
69-5 intraagency career ladder program that addresses opportunities for
69-6 mobility and advancement of employees in the Commission. The
69-7 program shall require intraagency postings of all [nonentry level]
69-8 positions concurrently with any public posting.
69-9 (b) The Executive Director or his designee shall develop a
69-10 system of annual performance evaluations that are based on
69-11 documented employee performance. All merit pay for Commission
69-12 employees must be based on the system established under this
69-13 subsection.
69-14 (d) The Executive Director or his designee shall prepare and
69-15 maintain a written policy statement to assure implementation of a
69-16 program of equal employment opportunity under which all personnel
69-17 transactions are made without regard to race, color, disability
69-18 [handicap], sex, religion, age, or national origin. The policy
69-19 statement must include:
69-20 (1) personnel policies, including policies relating to
69-21 recruitment, evaluation, selection, appointment, training, and
69-22 promotion of personnel that comply with Chapter 21, Labor Code;
69-23 (2) a comprehensive analysis of the Commission work
69-24 force that meets federal and state laws, rules, and regulations and
69-25 instructions directly adopted under those laws, rules, or
70-1 regulations [guidelines];
70-2 (3) procedures by which a determination can be made of
70-3 significant underuse in the Commission work force of all persons
70-4 for whom federal or state laws, rules, and regulations and
70-5 instructions directly adopted under those laws, rules, or
70-6 regulations, [guidelines] encourage a more equitable balance; and
70-7 (4) reasonable methods to appropriately address those
70-8 areas of significant underuse.
70-9 A policy statement prepared under this subsection must cover
70-10 an annual period, be updated at least annually, be reviewed by the
70-11 Texas Commission on Human Rights for compliance with Subdivision
70-12 (1) of this subsection, and be filed with the Governor's office.
70-13 The Governor's office shall deliver a biennial report to the
70-14 legislature based on the information received under this
70-15 subsection. The report may be made separately or as a part of
70-16 other biennial reports made to the legislature.
70-17 SECTION 3.09. Section 3.05, Texas Motor Vehicle Commission
70-18 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
70-19 to read as follows:
70-20 Sec. 3.05. Investigation; enforcement. (a) Whenever the
70-21 Board [Commission] has reason to believe, through receipt of a
70-22 complaint or otherwise, that a violation of this Act or a Board
70-23 [Commission] rule, order, or decision has occurred or is likely to
70-24 occur, the Board [Commission] shall conduct an investigation unless
70-25 it determines that a complaint is frivolous or for the purpose of
71-1 harassment. If the Board's [Commission's] investigation
71-2 establishes that a violation of this Act or a Board [Commission]
71-3 rule, order, or decision has occurred or is likely to occur, the
71-4 Board [Commission] shall institute proceedings as it deems
71-5 appropriate to enforce this Act or its rules, orders, and
71-6 decisions.
71-7 (b) Notwithstanding Subsection (a) of this section, another
71-8 provision of this Act, or Board rule, the Board may not file a
71-9 complaint alleging a violation of this Act or a Board rule relating
71-10 to advertising until the Board has notified the licensee involved
71-11 of the alleged violation and given the licensee an opportunity to
71-12 cure the violation without further proceedings or liability.
71-13 SECTION 3.10. Section 4.01B, Texas Motor Vehicle Commission
71-14 Code (Article 4413(36), Vernon's Texas Civil Statutes), is amended
71-15 to read as follows:
71-16 Sec. 4.01B. [NOTICE OF] LICENSE EXPIRATION. (a) The
71-17 Commission by rule may implement a system under which licenses
71-18 expire on various dates during the year.
71-19 (b) The Commission shall notify each person licensed under
71-20 this Act of the date of license expiration and the amount of the
71-21 fee required for license renewal. The notice shall be mailed at
71-22 least thirty days before the date of license expiration.
71-23 (c) For a year in which a license expiration date is
71-24 changed, the fee for the license shall be prorated so that the
71-25 holder of the license pays only that portion of the license fee
72-1 that is allocable to the number of months during which the license
72-2 is valid. On renewal of the license on the new expiration date,
72-3 the entire license renewal fee is payable.
72-4 ARTICLE 4. MOTOR CARRIERS
72-5 SECTION 4.01. Subsection (i), Section 3, Article 6675c,
72-6 Revised Statutes, is amended to read as follows:
72-7 (i) A registration issued under this article is valid for
72-8 one year. The department may adopt a system under which
72-9 registrations expire at different times during the year. At least
72-10 30 days before the date on which a motor carrier's registration
72-11 expires, the department shall notify the carrier of the impending
72-12 expiration. The notice must be in writing and sent to the motor
72-13 carrier's last known address according to the records of the
72-14 department. A motor carrier may renew a registration under this
72-15 article by:
72-16 (1) supplementing the application with any new
72-17 information required under Subsection (g) of this section;
72-18 (2) paying a $10 fee for each vehicle requiring
72-19 registration the carrier operates; and
72-20 (3) showing the department evidence of continuing
72-21 insurance or financial responsibility in an amount at least equal
72-22 to the amount set by the department under Section 4(a) of this
72-23 article.
72-24 SECTION 4.02. Section 7, Article 6675c, Revised Statutes, is
72-25 amended to read as follows:
73-1 Sec. 7. Suspension and revocation of registration. (a) The
73-2 department may suspend or revoke a registration issued under this
73-3 article or place on probation a motor carrier whose registration is
73-4 suspended if:
73-5 (1) a motor carrier fails to maintain insurance or
73-6 proof of financial responsibility as required by Section 4(a) or
73-7 (b) or Section 8(c)(5) of this article;
73-8 (2) a motor carrier fails to keep proof of insurance
73-9 in the cab of each vehicle as required by Section 4(e) of this
73-10 article;
73-11 (3) a motor carrier fails to register a vehicle
73-12 requiring registration; or
73-13 (4) a motor carrier knowingly provides false
73-14 information on any form filed with the department under this
73-15 section.
73-16 (b) The Department of Public Safety may request that the
73-17 department suspend or revoke a registration issued under this
73-18 article or place on probation a motor carrier whose registration is
73-19 suspended if a motor carrier:
73-20 (1) has an unsatisfactory safety rating under 49
73-21 C.F.R. Part 385; or
73-22 (2) has multiple violations of a provision of Article
73-23 6675d, Revised Statutes, a rule adopted under that article, or the
73-24 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
73-25 Texas Civil Statutes).
74-1 (c) Except as provided by Subsection (d) of this section, a
74-2 suspension or revocation or the imposition of probation made under
74-3 Subsection (a) or (b) of this section is a contested case under
74-4 Chapter 2001, Government Code.
74-5 (d) The department may suspend or revoke a registration
74-6 issued under this article or place on probation a motor carrier
74-7 whose registration is suspended without a hearing under Chapter
74-8 2001, Government Code, if:
74-9 (1) the department provides notice to the motor
74-10 carrier of:
74-11 (A) the proposed suspension or revocation; and
74-12 (B) the right of the carrier to request a
74-13 hearing under Chapter 2001, Government Code; and
74-14 (2) the motor carrier fails to provide the department
74-15 with a written request for a hearing within 10 days after the date
74-16 the carrier receives the notice described in Subdivision (1) of
74-17 this subsection.
74-18 (e) If the suspension of a motor carrier's registration is
74-19 probated, the department may require the carrier to report
74-20 regularly to the department on any matter that is the basis of the
74-21 probation.
74-22 SECTION 4.03. Section 8, Article 6675c, Revised Statutes, is
74-23 amended by adding Subsection (h) to read as follows:
74-24 (h) The department may not by rule restrict competitive
74-25 bidding or advertising by a motor carrier except to prohibit false,
75-1 misleading, or deceptive practices. A rule to prohibit false,
75-2 misleading, or deceptive practices may not:
75-3 (1) restrict the use of:
75-4 (A) any medium for an advertisement;
75-5 (B) the motor carrier's advertisement under a
75-6 trade name; or
75-7 (C) the motor carrier's personal appearance or
75-8 voice in an advertisement, if the motor carrier is an individual;
75-9 or
75-10 (2) relate to the size or duration of an advertisement
75-11 by the motor carrier.
75-12 SECTION 4.04. Subsections (a) and (e), Section 3, Article
75-13 6675c, Revised Statutes, are amended to read as follows:
75-14 (a) A motor carrier may not operate a commercial motor
75-15 vehicle, as defined by Section 548.001, Transportation Code, [140A,
75-16 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
75-17 Texas Civil Statutes),] or a tow truck on a road or highway of this
75-18 state unless the carrier registers with the department under this
75-19 article.
75-20 (e) The department shall issue a certificate containing a
75-21 single registration number to a motor carrier, regardless of the
75-22 number of vehicles requiring registration the carrier operates.
75-23 The department shall issue a cab card as described by Section 5 of
75-24 this article for each vehicle requiring registration the motor
75-25 carrier operates. To avoid multiple registrations of a single
76-1 motor carrier, the department shall adopt simplified procedures for
76-2 the registration of motor carriers transporting household goods as
76-3 agents for carriers required to register under this article.
76-4 SECTION 4.05. Subsections (a), (b), and (d), Section 4,
76-5 Article 6675c, Revised Statutes, are amended to read as follows:
76-6 (a) A motor carrier that is required to register under
76-7 Section 3 of this article shall maintain liability insurance in an
76-8 amount set by the department for each vehicle requiring
76-9 registration the carrier operates. The department by rule may set
76-10 the amount of liability insurance required at an amount that does
76-11 not exceed the amount required for a motor carrier under federal
76-12 regulations adopted under 49 U.S.C. Section 10927(a)(1). In
76-13 setting the amount the department shall consider:
76-14 (1) the class and size of the vehicle; and
76-15 (2) the type of persons or cargo being transported.
76-16 (b) A motor carrier required to register under Section 3 of
76-17 this article transporting household goods shall maintain cargo
76-18 insurance in the same amount required for a motor carrier
76-19 transporting household goods under federal law.
76-20 (d) A motor carrier that is required to register under
76-21 Section 3 of this article must file with the department proof of
76-22 insurance in the amounts required by Subsections (a) and (b) of
76-23 this section, or proof of financial responsibility as described by
76-24 Subsection (c) of this section, in a form prescribed by the
76-25 department. The form must be filed:
77-1 (1) at the time of the initial registration;
77-2 (2) at the time of a subsequent registration, if the
77-3 motor carrier was required to be continuously registered under this
77-4 article and the carrier failed to maintain continuous registration;
77-5 (3) at the time a motor carrier changes insurers; and
77-6 (4) at the time a motor carrier changes ownership, as
77-7 determined by rules adopted by the department.
77-8 SECTION 4.06. Section 8, Article 6675c, Revised Statutes, is
77-9 amended by amending Subsections (c) and (f) and adding Subsection
77-10 (g) to read as follows:
77-11 (c) The department shall adopt rules to protect consumers
77-12 who use the services of a motor carrier [who is required to
77-13 register under Section 3 of this article and] who is transporting
77-14 household goods for compensation [that are at least as stringent as
77-15 the corresponding provisions of 49 C.F.R. Part 1056. The
77-16 department may adopt rules under this subsection that are more
77-17 stringent than the corresponding federal provisions. A motor
77-18 carrier transporting household goods shall list a place of business
77-19 with a street address in this state and the carrier's registration
77-20 number issued under this article in any print advertising published
77-21 in this state]. The department may adopt all such rules as are
77-22 necessary to ensure that customers of household goods movers are
77-23 protected from deceptive or unfair practices and unreasonably
77-24 hazardous activities on the part of the movers. Such rules shall
77-25 [may] include but are not limited to measures to:
78-1 (1) establish a formal process for resolving disputes
78-2 over fees and damages [apart from the method of mediation in
78-3 Subsection (f) of this section];
78-4 (2) require a carrier to indicate clearly to consumers
78-5 whether estimates are binding or nonbinding and disclose the
78-6 maximum price a consumer could be required to pay; [and]
78-7 (3) create a centralized process for making complaints
78-8 about a carrier which also allows consumers to inquire about a
78-9 carrier's complaint record;
78-10 (4) require a motor carrier transporting household
78-11 goods to list a place of business with a street address in this
78-12 state and the carrier's registration number issued under this
78-13 article in any print advertising published in this state;
78-14 (5) require motor carriers who are required to
78-15 register under this section to file proof of cargo insurance in
78-16 amounts to be determined by the department that do not exceed the
78-17 amount required for a motor carrier transporting household goods
78-18 under federal law and shall allow alternative proof of financial
78-19 responsibility, through surety bonds, letters of credit, or other
78-20 means satisfactory to the department, for contractual obligations
78-21 to customers that do not exceed $5,000 aggregate loss or damage to
78-22 total cargo shipped at any one time;
78-23 (6) require motor carriers who are required to
78-24 register under this section to conspicuously advise consumers
78-25 concerning limitation of any carrier liability for loss or damage
79-1 as determined under Subdivision (7) of this subsection; and
79-2 (7) determine reasonable provisions governing
79-3 limitation of liability for loss or damage of motor carriers
79-4 required to register under this section, not to exceed 60 cents per
79-5 pound per article.
79-6 (f) The department shall appoint a rules advisory committee
79-7 consisting of representatives of motor carriers transporting
79-8 household goods using small, medium, and large equipment, the
79-9 public, and the department. Members of the committee serve at the
79-10 pleasure of the department and are not entitled to compensation or
79-11 reimbursement of expenses for serving on the committee. The
79-12 department may adopt rules to govern the operations of the advisory
79-13 committee. The committee shall:
79-14 (1) examine the rules adopted by the department under
79-15 Subsection (c) of this section and make recommendations to the
79-16 department on modernizing and streamlining the rules;
79-17 (2) conduct a study of the feasibility and necessity
79-18 of requiring any vehicle liability insurance for household goods
79-19 carriers required to register under this section; and
79-20 (3) pursuant to Subsection (c)(7) of this section,
79-21 recommend a maximum level of liability limitation that does not
79-22 exceed 60 cents per pound. [All collective associations of motor
79-23 carriers transporting household goods, or agents thereof, which
79-24 have received approval for collective ratemaking agreements under
79-25 Section 9(d) of this article shall provide a method of mediation
80-1 for consumers to receive resolution through mediation of disputes
80-2 over fees, damages, and services. All costs associated with such
80-3 mediation shall be borne by the motor carriers, the agents thereof,
80-4 or the association. All carriers and agents who are parties to
80-5 collective agreements approved under Section 9(d) of this article
80-6 must participate in consumer complaint resolution, including
80-7 participation in the mediation process and advertisement of the
80-8 availability of mediation in all contracts or estimate proposals.
80-9 Any complaint mediation that is not resolved to the mutual
80-10 agreement of all parties shall be reported to the department.
80-11 Consumers shall be advised of their rights to seek resolution
80-12 directly from the department. The department shall adopt rules
80-13 that ensure such notification is available to consumers in a form
80-14 and manner consistent with its duties under Subsection (c) of this
80-15 section.]
80-16 (g) The department shall require motor carriers who are not
80-17 required to register under Section 3 of this article to register
80-18 their operations before transporting household goods for
80-19 compensation. The department shall determine the forms and
80-20 procedures for such registration. The department shall charge a
80-21 motor carrier who registers under this subsection a fee that does
80-22 not exceed the total of the fees imposed by Section 3 of this
80-23 article.
80-24 SECTION 4.07. Section 10, Article 6675c, Revised Statutes,
80-25 is amended to read as follows:
81-1 Sec. 10. Criminal penalty. (a) A person commits an offense
81-2 if the person fails to:
81-3 (1) register as required by Section 3 or 8 of this
81-4 article;
81-5 (2) maintain insurance or proof of financial
81-6 responsibility as required by Section 4 or 8 of this article; or
81-7 (3) keep a cab card in the cab of a vehicle as
81-8 required by Section 5(a) of this article.
81-9 (b) A person commits an offense if the person solicits the
81-10 transportation of household goods for compensation without being
81-11 registered as required by Section 3 or 8 of this article.
81-12 (c) An offense under this section is a Class C misdemeanor.
81-13 SECTION 4.08. Subdivision (1), Section 1, Article 6675d,
81-14 Revised Statutes, is amended to read as follows:
81-15 (1) "Commercial motor vehicle" means a motor vehicle
81-16 described by Section 548.001(1), Transportation Code [has the
81-17 meaning assigned by Section 140A, Uniform Act Regulating Traffic on
81-18 Highways (Article 6701d, Vernon's Texas Civil Statutes)].
81-19 SECTION 4.09. Section 5, Article 6675d, Revised Statutes, is
81-20 amended by adding Subsection (c) to read as follows:
81-21 (c) A rule adopted by the director under this article
81-22 relating to hours of service, an operator's record of duty status,
81-23 or an operator's daily log, for operations outside a 150-mile
81-24 radius of the normal work-reporting location, also applies to and
81-25 must be complied with by a motor carrier, as defined by Section 1,
82-1 Article 6675c, Revised Statutes, of household goods not using a
82-2 commercial motor vehicle, as defined by Section 548.001,
82-3 Transportation Code.
82-4 SECTION 4.10. The study required by Subdivision (2),
82-5 Subsection (f), Section 8, Article 6675c, Revised Statutes, as
82-6 added by Section 4.06 of this article, must be completed not later
82-7 than July 1, 1998, and any resulting rules shall be made to take
82-8 effect January 1, 1999.
82-9 SECTION 4.11. (a) Chapter 1, Title 116, Revised Statutes,
82-10 is amended by adding Article 6675c-2 to read as follows:
82-11 Art. 6675c-2. FOREIGN COMMERCIAL MOTOR TRANSPORTATION
82-12 Sec. 1. DEFINITIONS. In this article:
82-13 (1) "Border" means the border between this state and
82-14 the United Mexican States.
82-15 (2) "Commercial motor vehicle" includes a foreign
82-16 commercial motor vehicle.
82-17 (3) "Border commercial zone" means a commercial zone
82-18 established under 49 C.F.R. Part 372, Subpart B, any portion of
82-19 which is contiguous to the border in this state.
82-20 (4) "Foreign commercial motor vehicle" means a
82-21 commercial motor vehicle, as defined by 49 C.F.R. Section 390.5,
82-22 that is owned or controlled by a person or entity that is domiciled
82-23 in or a citizen of a country other than the United States.
82-24 (5) "Motor carrier" includes a foreign motor carrier
82-25 and a foreign motor private carrier, as defined in 49 U.S.C.
83-1 Sections 13102(6) and (7).
83-2 Sec. 2. RULES. In addition to rules required by this
83-3 article, the Texas Department of Transportation, the Department of
83-4 Public Safety, and the Texas Department of Insurance may adopt
83-5 other rules to carry out this article.
83-6 Sec. 3. REFERENCE TO FEDERAL STATUTE OR REGULATION. A
83-7 reference in this article to a federal statute or regulation
83-8 includes any subsequent amendment or redesignation of the statute
83-9 or regulation.
83-10 Sec. 4. BORDER COMMERCIAL ZONE EXCLUSIVE; BOUNDARIES.
83-11 (a) A law or agreement of less than statewide application that is
83-12 adopted by an agency or political subdivision of this state and
83-13 that regulates motor carriers or commercial motor vehicles or the
83-14 operation of those carriers or vehicles in the transportation of
83-15 cargo across the border or within an area adjacent to the border by
83-16 foreign commercial motor vehicles has no effect unless the law or
83-17 agreement applies uniformly to an entire border commercial zone and
83-18 only in a border commercial zone. This section supersedes that
83-19 portion of any paired city, paired state, or similar understanding
83-20 governing foreign commercial motor vehicles or motor carriers
83-21 entered into under Section 502.054, Transportation Code, or any
83-22 other law.
83-23 (b) The boundaries of a border commercial zone may be
83-24 modified or established only as provided by federal law.
83-25 Sec. 5. REGISTRATION EXEMPTION IN BORDER COMMERCIAL ZONE.
84-1 (a) A foreign commercial motor vehicle is exempt from Chapter 502,
84-2 Transportation Code, and any other law of this state requiring the
84-3 vehicle to be registered in this state, including a law providing
84-4 for a temporary registration permit, if:
84-5 (1) the vehicle is engaged solely in transportation of
84-6 cargo across the border into or from a border commercial zone;
84-7 (2) for each load of cargo transported the vehicle
84-8 remains in this state:
84-9 (A) not more than 24 hours; or
84-10 (B) not more than 48 hours, if:
84-11 (i) the vehicle is unable to leave this
84-12 state within 24 hours because of circumstances beyond the control
84-13 of the motor carrier operating the vehicle; and
84-14 (ii) all financial responsibility
84-15 requirements applying to the vehicle are satisfied;
84-16 (3) the vehicle is registered and licensed as required
84-17 by the law of another state or country as evidenced by a valid
84-18 metal license plate attached to the front or rear of the exterior
84-19 of the vehicle; and
84-20 (4) the country in which the person that owns or
84-21 controls the vehicle is domiciled or is a citizen provides a
84-22 reciprocal exemption for commercial motor vehicles owned or
84-23 controlled by residents of this state.
84-24 (b) A foreign commercial motor vehicle operating under the
84-25 exemption provided by this section and the vehicle's driver may be
85-1 considered unregistered if the vehicle is operated in this state
85-2 outside a border commercial zone or in violation of United States
85-3 law.
85-4 Sec. 6. FINANCIAL RESPONSIBILITY. The Texas Department of
85-5 Transportation shall adopt rules that conform with 49 C.F.R. Part
85-6 387 requiring motor carriers operating foreign commercial motor
85-7 vehicles in this state to maintain financial responsibility. This
85-8 article prevails over any other requirement of state law relating
85-9 to financial responsibility for operation of those vehicles in this
85-10 state.
85-11 Sec. 7. DOMESTIC TRANSPORTATION. A foreign motor carrier or
85-12 foreign motor private carrier may not transport persons or cargo in
85-13 intrastate commerce in this state unless the carrier is authorized
85-14 to conduct operations in interstate and foreign commerce
85-15 domestically between points in the United States under federal law
85-16 or international agreement.
85-17 (b) Article 6675d, Revised Statutes, is amended by adding
85-18 Section 16 to read as follows:
85-19 Sec. 16. APPLICATION TO FOREIGN COMMERCIAL MOTOR VEHICLES.
85-20 Except as otherwise provided by law, this article also applies to
85-21 all foreign commercial motor vehicles, as defined by Section 1,
85-22 Article 6675c-2, Revised Statutes.
85-23 SECTION 4.12. (a) Section 642.001, Transportation Code, is
85-24 amended by adding Subdivision (6) to read as follows:
85-25 (6) "Tow truck" has the meaning assigned that term by
86-1 Section 643.001.
86-2 (b) Section 642.002, Transportation Code, is amended to read
86-3 as follows:
86-4 Sec. 642.002. Identifying Markings on Certain Vehicles
86-5 Required; Offense; Penalty. (a) A person commits an offense if:
86-6 (1) the person operates on a public street, road, or
86-7 highway:
86-8 (A) a commercial motor vehicle that has three or
86-9 more axles;
86-10 (B) a truck-tractor; [or]
86-11 (C) a road-tractor; or
86-12 (D) a tow truck; and
86-13 (2) the vehicle does not have on each side of the
86-14 power unit identifying markings that:
86-15 (A) show the name and address, including city
86-16 and state, of the owner or operator of the vehicle; [and]
86-17 (B) have clearly legible letters and numbers of
86-18 a height of at least two inches; and
86-19 (C) show the motor carrier registration number
86-20 in clearly legible letters and numbers, if the vehicle is required
86-21 to be registered under this chapter.
86-22 (b) The owner of a vehicle commits an offense if the owner
86-23 or operator permits another to operate a vehicle in violation of
86-24 Subsection (a).
86-25 (c) The Texas Department of Transportation by rule may
87-1 prescribe additional requirements regarding the form of the
87-2 markings required by Subsection (a)(2) that are not inconsistent
87-3 with that subsection.
87-4 (d) An offense under this section is a Class C misdemeanor.
87-5 ARTICLE 5. SALVAGE VEHICLE DEALERS
87-6 SECTION 5.01. Section 1.02, Article 6687-1a, Revised
87-7 Statutes, is amended by adding Subsection (c) to read as follows:
87-8 (c) The commission may not adopt a rule under this article
87-9 that restricts competitive bidding or advertising by a person who
87-10 holds a license issued under this article other than a rule to
87-11 prohibit false, misleading, or deceptive practices. A rule to
87-12 prohibit false, misleading, or deceptive practices may not:
87-13 (1) restrict the use of:
87-14 (A) any medium for an advertisement;
87-15 (B) the license holder's advertisement under a
87-16 trade name; or
87-17 (C) the license holder's personal appearance or
87-18 voice in an advertisement, if the license holder is an individual;
87-19 or
87-20 (2) relate to the size or duration of an advertisement
87-21 by the license holder.
87-22 SECTION 5.02. Section 2.07, Article 6687-1a, Revised
87-23 Statutes, is amended to read as follows:
87-24 Sec. 2.07. License Renewal. (a) A license issued under
87-25 this article expires on the first anniversary of the date of
88-1 issuance and may be renewed annually on or before the expiration
88-2 date on payment of the required renewal fee.
88-3 (b) A person who is otherwise eligible to renew a license
88-4 may renew an unexpired license by paying to the department before
88-5 the expiration date of the license the required renewal fee. A
88-6 person whose license has expired may not engage in the activities
88-7 that require a license until the license has been renewed under the
88-8 provisions of this section.
88-9 (c) If a person's license has been expired for 90 days or
88-10 less, the person may renew the license by paying to the department
88-11 one and one-half times the required renewal fee.
88-12 (d) If a person's license has been expired for longer than
88-13 90 days but less than one year, the person may renew the license by
88-14 paying to the department two times the required renewal fee.
88-15 (e) If a person's license has been expired for one year or
88-16 longer, the person may not renew the license. The person may
88-17 obtain a new license by complying with the requirements and
88-18 procedures for obtaining an original license. If the person was
88-19 licensed in this state, moved to another state, and has been doing
88-20 business in the other state for the two years preceding
88-21 application, the person may renew an expired license. The person
88-22 must pay to the department a fee that is equal to two times the
88-23 required renewal fee for the license.
88-24 (f) At least 30 days before the date on which a person's
88-25 license expires, the department shall notify the person of the
89-1 impending expiration. The notice must be in writing and sent to
89-2 the person's last known address according to the records of the
89-3 department. [If a license holder fails to renew the license before
89-4 its expiration date, the license holder may renew the license on
89-5 payment of the renewal fee and a late fee set by the commission.
89-6 If the license is not renewed before the first anniversary of the
89-7 date on which the license expired, the license holder must apply
89-8 for a new license in the same manner as an applicant for an initial
89-9 license.]
89-10 SECTION 5.03. Subsection (b), Section 4.01, Article 6687-1a,
89-11 Revised Statutes, is amended to read as follows:
89-12 (b) The commission shall adopt rules establishing the
89-13 grounds for the denial, suspension, revocation, or reinstatement of
89-14 a license and establishing procedures for disciplinary actions. A
89-15 rule adopted under this subsection may not conflict with a rule
89-16 adopted by the State Office of Administrative Hearings.
89-17 ARTICLE 6. VEHICLE STORAGE FACILITY ACT
89-18 SECTION 6.01. Section 4, Vehicle Storage Facility Act
89-19 (Article 6687-9a, Revised Statutes), is amended by adding
89-20 Subsection (d) to read as follows:
89-21 (d) The commission may not adopt a rule under this Act that
89-22 restricts competitive bidding or advertising by a person who holds
89-23 a license issued under this Act other than a rule to prohibit
89-24 false, misleading, or deceptive practices. A rule to prohibit
89-25 false, misleading, or deceptive practices may not:
90-1 (1) restrict the use of:
90-2 (A) any medium for an advertisement;
90-3 (B) the license holder's advertisement under a
90-4 trade name; or
90-5 (C) the license holder's personal appearance or
90-6 voice in an advertisement, if the license holder is an individual;
90-7 or
90-8 (2) relate to the size or duration of an advertisement
90-9 by the license holder.
90-10 SECTION 6.02. Subsection (a), Section 9, Vehicle Storage
90-11 Facility Act (Article 6687-9a, Revised Statutes), is amended to
90-12 read as follows:
90-13 (a) A license issued under this article is valid for the
90-14 period set by the commission. At least 30 days before the date on
90-15 which a person's license expires, the commission shall notify the
90-16 person of the impending expiration. The notice must be in writing
90-17 and sent to the person's last known address according to the
90-18 records of the commission.
90-19 SECTION 6.03. Section 10, Vehicle Storage Facility Act
90-20 (Article 6687-9a, Revised Statutes), is amended by adding
90-21 Subsections (e) and (f) to read as follows:
90-22 (e) If the commission places a person on probation under
90-23 this section, the commission may require the person to report
90-24 regularly to the commission on any matter that is the basis of the
90-25 probation.
91-1 (f) If the commission proposes to take an action under
91-2 Subsection (a) or (b) of this section, the person is entitled to a
91-3 hearing conducted by the State Office of Administrative Hearings.
91-4 Proceedings for a disciplinary action are governed by the
91-5 administrative procedure law, Chapter 2001, Government Code. Rules
91-6 of practice adopted by the commission under Section 2001.004,
91-7 Government Code, applicable to the proceedings for a disciplinary
91-8 action may not conflict with rules adopted by the State Office of
91-9 Administrative Hearings.
91-10 ARTICLE 7. TURNPIKES
91-11 SECTION 7.01. Chapter 222, Transportation Code, is amended
91-12 by adding Subchapter E to read as follows:
91-13 SUBCHAPTER E. TOLL FACILITIES
91-14 Sec. 222.101. EXPENDITURE OF MONEY. The department may
91-15 spend money from any source for the construction, maintenance, and
91-16 operation of toll facilities.
91-17 Sec. 222.102. TEMPORARY TOLL PROJECTS. The department may
91-18 recover the cost of a preventative maintenance or rehabilitation
91-19 project on a nontoll segment of the state highway system by
91-20 temporarily imposing a toll charge after notice and a public
91-21 hearing.
91-22 Sec. 222.103. COST PARTICIPATION. (a) The department may
91-23 participate in the cost of the construction, maintenance, or
91-24 operation of a toll facility of a public or private entity on terms
91-25 and conditions established by the commission, including
92-1 requirements for repayment.
92-2 (b) An entity receiving cost participation from the
92-3 department under this section is a successor agency to the Texas
92-4 Turnpike Authority for the purposes of Section 52-b, Article III,
92-5 Texas Constitution.
92-6 (c) On the request of a member of the legislature, the
92-7 department shall provide the member a status report on all highway
92-8 construction projects, by legislative district, that are under
92-9 contract or awaiting funding. The report shall include projects
92-10 that would be funded in any manner by state, federal, or toll
92-11 funds.
92-12 (d) On the request of a member of the legislature, not later
92-13 than the 90th day before the date a loan is granted by the
92-14 department for a project under this section, the department shall
92-15 notify each member of the legislature that represents any part of
92-16 the area affected by the project of the status of the project and
92-17 how any other project in any other district would be affected.
92-18 SECTION 7.02. Section 362.055, Transportation Code, is
92-19 amended to read as follows:
92-20 Sec. 362.055. EXCEPTION. This subchapter does not apply to:
92-21 (1) a county that has a population of more than 1.5
92-22 million; [or]
92-23 (2) a local government corporation created under
92-24 Chapter 431 by a county that has a population of more than 1.5
92-25 million; or
93-1 (3) a regional tollway authority created under Chapter
93-2 366.
93-3 SECTION 7.03. Section 361.001, Transportation Code, is
93-4 amended to read as follows:
93-5 Sec. 361.001. DEFINITIONS. In this chapter:
93-6 (1) "Authority" means the Texas Turnpike Authority
93-7 division of the Texas Department of Transportation [and includes
93-8 the entity that succeeds to the principal functions of the
93-9 authority or to whom by law the powers of the authority are given].
93-10 (2) "Board" means the board of directors of the
93-11 authority.
93-12 (3) ["Highway" means a road, highway, farm-to-market
93-13 road, or street under the supervision of the state or a political
93-14 subdivision of the state.]
93-15 [(4)] "Owner" includes a person having title to or an
93-16 interest in any property, rights, easements, and interests
93-17 authorized to be acquired under this chapter.
93-18 (4) [(5)] "Turnpike project" means a toll [an express]
93-19 highway constructed, maintained, or operated under this chapter as
93-20 part of the state highway system and any improvement, extension, or
93-21 expansion to the highway and includes:
93-22 (A) a facility to relieve traffic congestion and
93-23 promote safety;
93-24 (B) a bridge, tunnel, overpass, underpass,
93-25 interchange, entrance plaza, approach, toll house, or service
94-1 station;
94-2 (C) an administration, storage, or other
94-3 building the authority considers necessary to operate the project;
94-4 and
94-5 (D) property rights, easements, and interests
94-6 the authority acquires to construct or operate the project.
94-7 (5) "Regional tollway authority" means a regional
94-8 tollway authority created under Chapter 366.
94-9 SECTION 7.04. Section 361.031, Transportation Code, is
94-10 amended to read as follows:
94-11 Sec. 361.031. TEXAS TURNPIKE AUTHORITY. (a) The Texas
94-12 Turnpike Authority is a division of the Texas Department of
94-13 Transportation that has full authority to exercise all powers
94-14 granted to it under this chapter. Powers granted to the department
94-15 under this chapter and Chapter 362 to study, design, construct,
94-16 operate, expand, enlarge, or extend a turnpike project as a part of
94-17 the state highway system shall be exercised by the department
94-18 acting by and through the authority [state agency].
94-19 (b) The authority may perform, procure from other divisions
94-20 of the department with the consent of the department, or procure
94-21 from outside service providers any portion of the services the
94-22 authority requires for:
94-23 (1) right-of-way acquisition;
94-24 (2) roadway finance, design, and construction;
94-25 (3) environmental affairs; or
95-1 (4) legal services.
95-2 (c) With the approval of the commission, the authority may
95-3 perform, procure from other divisions of the department with the
95-4 consent of the department, or procure from outside service
95-5 providers any portion of the services the authority requires for
95-6 roadway maintenance, toll revenue collection, or traffic
95-7 operations.
95-8 (d) To perform its functions under this chapter, the
95-9 authority may use the facilities and personnel of the department in
95-10 the same manner as other divisions of the department.
95-11 (e) If the comptroller assigns numbers to state agencies for
95-12 accounting purposes, the comptroller shall assign a separate agency
95-13 number to the authority [The authority shall locate offices in
95-14 Austin, Texas, on or before September 1, 1997].
95-15 (f) [(c)] The exercise by the authority of the powers
95-16 conferred by this chapter in the construction, operation, and
95-17 maintenance of a turnpike project is:
95-18 (1) in all respects for the benefit of the people of
95-19 this state, for the increase of their commerce and prosperity, and
95-20 for the improvement of their health and living conditions and
95-21 public safety; and
95-22 (2) an essential governmental function of the state.
95-23 (g) The commission shall employ a director of the authority
95-24 who serves as the authority's chief administrative officer. The
95-25 director serves at the pleasure of the commission.
96-1 SECTION 7.05. Subsection (a), Section 361.032,
96-2 Transportation Code, is amended to read as follows:
96-3 (a) The board is composed of seven [12] directors. The
96-4 governor, with the advice and consent of the senate, shall appoint
96-5 six [nine] directors who represent the public. The chair of the
96-6 [Each] commission or a member of the commission designated by the
96-7 chair serves as an ex officio board member.
96-8 SECTION 7.06. Subsection (a), Section 361.033,
96-9 Transportation Code, is amended to read as follows:
96-10 (a) A person is not eligible for appointment to the board if
96-11 the person or the person's spouse:
96-12 (1) is registered, certified, or licensed by an
96-13 occupational regulatory agency in the field of toll road
96-14 construction, maintenance, or operation;
96-15 (2) is employed by or participates in the management
96-16 of a business entity or other organization regulated by the
96-17 commission, department, or authority or receiving funds from the
96-18 commission, department, or authority;
96-19 (3) owns or controls, directly or indirectly, more
96-20 than a 10 percent interest in a business entity or other
96-21 organization regulated by or receiving funds from the commission,
96-22 department, or authority[, other than compensation for acquisition
96-23 of turnpike right-of-way]; or
96-24 (4) uses or receives a substantial amount of tangible
96-25 goods, services, or funds from the commission, department, or
97-1 authority, other than compensation or reimbursement authorized by
97-2 law for board membership, attendance, or expenses or compensation
97-3 for acquisition of turnpike right-of-way.
97-4 SECTION 7.07. Subchapter B, Chapter 361, Transportation
97-5 Code, is amended by adding Section 361.0335 to read as follows:
97-6 Sec. 361.0335. TRAINING FOR BOARD MEMBERS. (a) To be
97-7 eligible to take office as a member of the board, a person
97-8 appointed to the board must complete at least one course of a
97-9 training program that complies with this section.
97-10 (b) A training program must provide information to the
97-11 person regarding:
97-12 (1) this chapter;
97-13 (2) the programs operated by the board;
97-14 (3) the role and functions of the board;
97-15 (4) the rules of the board;
97-16 (5) the current budget for the board;
97-17 (6) the results of the most recent formal audit of the
97-18 board;
97-19 (7) the requirements of the:
97-20 (A) open meetings law, Chapter 551, Government
97-21 Code;
97-22 (B) open records law, Chapter 552, Government
97-23 Code; and
97-24 (C) administrative procedure law, Chapter 2001,
97-25 Government Code;
98-1 (8) the requirements of the conflict of interest laws
98-2 and other laws relating to public officials; and
98-3 (9) any applicable ethics policies adopted by the
98-4 board or the Texas Ethics Commission.
98-5 (c) A person appointed to the board is entitled to
98-6 reimbursement for travel expenses incurred in attending the
98-7 training program, as provided by the General Appropriations Act and
98-8 as if the person were a member of the board.
98-9 SECTION 7.08. Section 361.042, Transportation Code, is
98-10 amended to read as follows:
98-11 Sec. 361.042. GENERAL POWERS AND DUTIES. (a) The board
98-12 [authority] shall:
98-13 (1) on its own initiative or at the request of the
98-14 commission, consider, study, plan, and develop turnpike projects
98-15 under this chapter;
98-16 (2) adopt rules [bylaws] for the regulation of its
98-17 affairs and the conduct of its business; and
98-18 (3) undertake such other duties as are delegated to it
98-19 by the commission.
98-20 (b) The authority may:
98-21 (1) [(2) adopt an official seal;]
98-22 [(3)] construct, maintain, repair, and operate
98-23 turnpike projects in this state;
98-24 (2) [(4)] acquire, hold, and dispose of property in
98-25 the exercise of its powers and the performance of its duties under
99-1 this chapter;
99-2 (3) with the approval of the governor and the
99-3 commission, [(5)] enter into contracts or operating agreements with
99-4 similar authorities or agencies of another state, including a state
99-5 of the United Mexican States;
99-6 (4) [(6)] enter into contracts or agreements necessary
99-7 or incidental to its duties and powers under this chapter;
99-8 (5) [(7)] employ consulting engineers, [attorneys,]
99-9 accountants, construction and financial experts, superintendents,
99-10 managers, and other employees and agents the authority considers
99-11 necessary and set their compensation;
99-12 (6) employ attorneys to advance or defend legal
99-13 actions pertaining to the division's activities, notwithstanding
99-14 any other law to the contrary, including Section 402.0212,
99-15 Government Code;
99-16 (7) [(8)] receive grants for the construction of a
99-17 turnpike project and receive contributions of money, property,
99-18 labor, or other things of value from any source to be used for the
99-19 purposes for which the grants or contributions are made;
99-20 (8) [(9)] adopt and enforce rules, if the commission
99-21 concurs, not inconsistent with this chapter for the use of any
99-22 turnpike project; and
99-23 (9) [(10)] do all things necessary or appropriate to
99-24 carry out the powers expressly granted by this chapter.
99-25 SECTION 7.09. Section 361.055, Transportation Code, is
100-1 amended to read as follows:
100-2 Sec. 361.055. SUCCESSOR AGENCY TO AUTHORITY. The following
100-3 are considered successor agencies to the Texas Turnpike Authority
100-4 [authority] for purposes of Section 52-b, Article III, Texas
100-5 Constitution:
100-6 (1) a county, municipality, or local government
100-7 corporation that leases, buys, operates, or otherwise receives a
100-8 turnpike project under Subchapter H;
100-9 (2) a county with a population of more than 1.5
100-10 million that constructs a toll road, toll bridge, or turnpike
100-11 project;
100-12 (3) a local government corporation serving a county
100-13 with a population of more than 1.5 million that constructs a toll
100-14 road, toll bridge, or turnpike project; [and]
100-15 (4) an adjacent county in a joint turnpike authority
100-16 with a county with a population of more than 1.5 million that
100-17 constructs a toll road, toll bridge, or turnpike project;
100-18 (5) the department;
100-19 (6) a public entity authorized to receive funds from
100-20 the department for the construction, maintenance, or operation of
100-21 toll projects; and
100-22 (7) a private entity authorized to receive funds from
100-23 the department for the construction, maintenance, or operation of
100-24 toll projects if the department determines that the use of the
100-25 private entity fills a demonstrated public need.
101-1 SECTION 7.10. Section 361.132, Transportation Code, is
101-2 amended to read as follows:
101-3 Sec. 361.132. ACQUISITION OF PROPERTY. (a) The board
101-4 [authority] may acquire, in the name of the state, [authority]
101-5 public or private real property it determines necessary or
101-6 convenient for the construction, expansion, enlargement, extension,
101-7 improvement, or operation of a turnpike project or for otherwise
101-8 carrying out this chapter.
101-9 (b) The real property the authority may acquire under this
101-10 subchapter includes:
101-11 (1) public parks, playgrounds, or reservations;
101-12 (2) parts of or rights in public parks, playgrounds,
101-13 or reservations;
101-14 (3) rights-of-way;
101-15 (4) property rights, including:
101-16 (A) a right of ingress or egress; and
101-17 (B) a reservation right in real property that
101-18 restricts or prohibits for not more than seven years the:
101-19 (i) addition of a new improvement on the
101-20 real property;
101-21 (ii) addition to or modification of an
101-22 existing improvement on the real property; or
101-23 (iii) subdivision of the real property;
101-24 (5) franchises;
101-25 (6) easements; and
102-1 (7) other interests in real property.
102-2 (c) The board [authority] may acquire the real property by
102-3 any method, including purchase and condemnation. The board
102-4 [authority] may purchase public or private real property on the
102-5 terms and at the price the board [authority] and the owner consider
102-6 reasonable.
102-7 (d) Property necessary or convenient for the construction or
102-8 operation of a turnpike project under Subsection (a) includes an
102-9 interest in real property, a property right, or materials that the
102-10 authority determines are necessary or convenient to:
102-11 (1) protect a turnpike project;
102-12 (2) drain a turnpike project;
102-13 (3) divert a stream, river, or other watercourse from
102-14 the right-of-way of a turnpike project;
102-15 (4) store materials or equipment used in the
102-16 construction or maintenance of a turnpike project;
102-17 (5) construct or operate a warehouse or other facility
102-18 used in connection with the construction, maintenance, or operation
102-19 of a turnpike project;
102-20 (6) lay out, construct, or maintain a roadside park;
102-21 (7) lay out, construct, or maintain a parking lot that
102-22 will contribute to the maximum use of a turnpike project with the
102-23 least possible congestion;
102-24 (8) mitigate an adverse environmental effect that
102-25 directly results from the construction or maintenance of a turnpike
103-1 project; or
103-2 (9) accomplish any other purpose related to the
103-3 location, construction, improvement, maintenance, beautification,
103-4 preservation, or operation of a turnpike project.
103-5 (e) The authority shall comply with all relocation
103-6 assistance procedures applicable to the department in connection
103-7 with any displacement of owners or tenants as a consequence of the
103-8 authority's acquisition of real property under this chapter.
103-9 (f) The authority may acquire timber, earth, stone, gravel,
103-10 or other materials as necessary to carry out a purpose under this
103-11 chapter.
103-12 SECTION 7.11. Section 361.135, Transportation Code, is
103-13 amended to read as follows:
103-14 Sec. 361.135. CONDEMNATION OF REAL PROPERTY. (a) The
103-15 board, with the concurrence of the commission, [authority] may
103-16 acquire public or private real property in the name of the state
103-17 [authority] by the exercise of the power of condemnation under the
103-18 laws applicable to the exercise of that power on property for
103-19 public use if:
103-20 (1) the authority and the owner cannot agree on a
103-21 reasonable price for the property; or
103-22 (2) the owner is legally incapacitated, absent,
103-23 unknown, or unable to convey title.
103-24 (b) The board, with the concurrence of the commission, [To
103-25 the extent provided by Subsection (c), the authority] may condemn
104-1 real property that the authority determines is:
104-2 (1) necessary or appropriate to construct or to
104-3 efficiently operate a turnpike project;
104-4 (2) necessary to restore public or private property
104-5 damaged or destroyed; [or]
104-6 (3) necessary for access, approach, and interchange
104-7 roads; or
104-8 (4) necessary otherwise to carry out this chapter.
104-9 (c) [The authority may condemn real property necessary for
104-10 access, approach, and interchange roads but may not condemn
104-11 property:]
104-12 [(1) that is unnecessary for road and right-of-way
104-13 purposes; or]
104-14 [(2) that is for a supplemental facility for another
104-15 purpose.]
104-16 [(d)] The authority may construct a supplemental facility
104-17 only on real property the authority purchases.
104-18 (d) [(e)] The court having jurisdiction of a condemnation
104-19 proceeding may:
104-20 (1) make orders as are just to the authority and the
104-21 owners of the real property; and
104-22 (2) require an undertaking or other security to secure
104-23 the owners against any loss or damage by reason of the board's
104-24 [authority's] failure to accept and pay for the real property.
104-25 (e) [(f)] An undertaking or security under Subsection (d)(2)
105-1 [(e)(2)] or an act or obligation of the authority or the board does
105-2 not impose any liability on the state, [or] the authority, or the
105-3 board except liability that may be paid from the money authorized
105-4 by this chapter.
105-5 SECTION 7.12. Section 361.136, Transportation Code, is
105-6 amended to read as follows:
105-7 Sec. 361.136. SEVERANCE OF REAL PROPERTY. (a) If a
105-8 turnpike project severs an owner's real property, the authority
105-9 shall pay:
105-10 (1) the value of the property acquired; and
105-11 (2) the damages to the remainder of the owner's
105-12 property caused by the severance, including damages caused by the
105-13 inaccessibility of one tract from the other.
105-14 (b) [The authority shall provide and maintain without charge
105-15 a passageway over or under the turnpike project for the owner of
105-16 the severed real property and the owner's employees and
105-17 representatives. The authority is not required to furnish a
105-18 passageway if the owner waives the requirement or the original
105-19 tract involved is less than 80 acres.]
105-20 [(c)] The authority may negotiate for and purchase the
105-21 severed real property or either part of the severed real property
105-22 if the authority and the owner agree on terms for the purchase.
105-23 [The authority shall sell and dispose of severed real property
105-24 within two years after the date of acquisition.]
105-25 SECTION 7.13. Subchapter D, Chapter 361, Transportation
106-1 Code, is amended by adding Section 361.142 to read as follows:
106-2 Sec. 361.142. COVENANTS, CONDITIONS, RESTRICTIONS, OR
106-3 LIMITATIONS. Covenants, conditions, restrictions, or limitations
106-4 affecting property acquired in any manner by the authority are not
106-5 binding against the authority and do not impair the authority's
106-6 ability to use the property for a purpose authorized by this
106-7 chapter. The beneficiaries of the covenants, conditions,
106-8 restrictions, or limitations are not entitled to enjoin the
106-9 authority from using the property for a purpose authorized under
106-10 this chapter, but this section does not affect the right of a
106-11 person to seek damages to the person's property under Section 17,
106-12 Article I, Texas Constitution.
106-13 SECTION 7.14. Section 361.180, Transportation Code, is
106-14 amended to read as follows:
106-15 Sec. 361.180. TOLLS ON CONVERTED HIGHWAYS [PROHIBITION ON
106-16 TOLLS ON EXISTING FREE HIGHWAYS]. If converted to a toll facility
106-17 under Section 222.102 or 362.0041, the commission [The authority]
106-18 may impose a toll for transit over an existing free public highway
106-19 [only if such highway is transferred to the authority by the
106-20 commission under Section 362.0041].
106-21 SECTION 7.15. Subsection (b), Section 361.184,
106-22 Transportation Code, is amended to read as follows:
106-23 (b) The board [authority] may transfer, or direct the
106-24 authority to transfer, into the project revolving fund money from
106-25 any permissible source, including:
107-1 (1) money from a surplus fund established for a
107-2 turnpike project if the remainder of the surplus fund is not less
107-3 than any minimum amount required by the trust agreement to be
107-4 retained for that project;
107-5 (2) money received under Subchapter I or from a
107-6 transfer of a turnpike project under Subchapter H;
107-7 (3) advances from the state highway fund if the
107-8 advances are repaid as required by [department authorized under]
107-9 Section 52-b, Article III, Texas Constitution; and
107-10 (4) contributions or assistance from the United
107-11 States, another state, a political subdivision of this state, the
107-12 United Mexican States, or a political subdivision of the United
107-13 Mexican States.
107-14 SECTION 7.16. Section 361.189, Transportation Code, is
107-15 amended to read as follows:
107-16 Sec. 361.189. USE OF SURPLUS REVENUE. [(a)] The commission
107-17 [board] by resolution may authorize the use of surplus revenue of a
107-18 turnpike project to pay the costs of another turnpike project,
107-19 other than a project financed under Subchapter I, or a toll-free
107-20 project. The commission [board] may in the resolution prescribe
107-21 terms for the use of the revenue, including the pledge of the
107-22 revenue, but may not take an action under this section that[:]
107-23 [(1) violates Subsection (b); or]
107-24 [(2)] violates, impairs, or is inconsistent with a
107-25 bond resolution, trust agreement, or indenture governing the use of
108-1 the surplus revenue.
108-2 [(b) Except as provided by Subsection (c), the surplus
108-3 revenue of a turnpike project that was under construction or
108-4 operated by the authority on January 1, 1993, may be used only for:]
108-5 [(1) the costs associated with the construction,
108-6 expansion, or maintenance of the project producing the revenue; and]
108-7 [(2) transfers to the Texas Turnpike Authority
108-8 feasibility study fund.]
108-9 [(c) The board may use revenue from a turnpike project
108-10 described by Subsection (b) for a purpose authorized by this
108-11 chapter other than a purpose described by that subsection if:]
108-12 [(1) the authority obtains the permission of the
108-13 commissioners court of each county in which the project is located;
108-14 or]
108-15 [(2) an agreement between the authority and a county
108-16 or local government corporation created by the county for the
108-17 lease, sale, or other conveyance of the project permits the revenue
108-18 to be used for another purpose.]
108-19 SECTION 7.17. Section 361.232, Transportation Code, is
108-20 amended by adding Subsection (e) to read as follows:
108-21 (e) This section does not apply to the conversion of any
108-22 highway that is a part of the state highway system to a turnpike
108-23 project.
108-24 SECTION 7.18. Section 361.237, Transportation Code, is
108-25 amended to read as follows:
109-1 Sec. 361.237. OPERATION OF TURNPIKE PROJECT. A turnpike
109-2 project is a public road subject to all laws applicable to the
109-3 regulation and control of traffic. [(a) The authority shall
109-4 police and operate a turnpike project through a force of police,
109-5 toll-takers, and other employees of the authority.]
109-6 [(b) The authority may arrange with the Department of Public
109-7 Safety for the services of officers of that agency.]
109-8 SECTION 7.19. Section 361.238, Transportation Code, is
109-9 amended to read as follows:
109-10 Sec. 361.238. PAYMENT OF BOND INDEBTEDNESS; CESSATION OR
109-11 CONTINUATION OF TOLLS[; TRANSFER OF PROJECT TO COMMISSION].
109-12 (a) Except as provided by Subsection (b), a [A] turnpike project
109-13 [that is in good condition and repair to the satisfaction of the
109-14 commission] becomes a toll-free [part of the state] highway
109-15 [system] when:
109-16 (1) the bonds issued under this chapter for the
109-17 project and the interest on the bonds are paid; or
109-18 (2) firm banking and financial arrangements have been
109-19 made for the discharge and final payment or redemption of the bonds
109-20 in accordance with Section 7A, Chapter 503, Acts of the 54th
109-21 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes) [a
109-22 sufficient amount to pay the bonds and the interest on the bonds to
109-23 maturity or to redeem the bonds has been set aside in trust for the
109-24 benefit of the bondholders].
109-25 (b) If the conditions of Subsections (a)(1) and (2) are met,
110-1 the commission may continue to charge a toll sufficient to pay the
110-2 costs of maintaining the facility. [The authority shall continue
110-3 to operate as a toll facility a turnpike project that the
110-4 commission determines is not in a state of repair so as to justify
110-5 its acceptance as part of the state highway system. The authority
110-6 shall continue the tolls then in effect or revise the tolls to
110-7 provide money sufficient to assure payment of the expenses of
110-8 maintenance and operation and the making of repairs and
110-9 replacements as necessary to meet the minimum requirements of the
110-10 commission within the shortest practicable time.]
110-11 (c) The following entities shall consider offering motor
110-12 vehicle operators the option of using a transponder to pay tolls
110-13 without stopping, to mitigate congestion at toll locations, to
110-14 enhance traffic flow, and to otherwise increase the efficiency of
110-15 operations:
110-16 (1) the authority;
110-17 (2) an entity to which a project authorized by this
110-18 chapter is transferred; or
110-19 (3) a third party service provider under contract with
110-20 an entity described by Subdivision (1) or (2) [commission shall
110-21 maintain a turnpike project it accepts free of tolls. The
110-22 authority shall deliver to the commission at the time of acceptance
110-23 any money remaining to the credit of the project after retirement
110-24 of the bonds issued for the project. The commission shall deposit
110-25 the money in a fund to be used to maintain the project facilities.
111-1 The commission shall administer the fund in accordance with
111-2 commission rules.]
111-3 [(d) Not later than the first anniversary of the date the
111-4 commission accepts a turnpike project, the department shall
111-5 advertise for public sale each installation on the project other
111-6 than the road bed and highway sections and shall solicit sealed
111-7 bids for those installations. The department may reject any or all
111-8 bids but shall dispose of the properties not later than the second
111-9 anniversary of the date the commission accepts title to the
111-10 project].
111-11 SECTION 7.20. The heading of Subchapter H, Chapter 361,
111-12 Transportation Code, is amended to read as follows:
111-13 SUBCHAPTER H. TRANSFER OF TURNPIKE PROJECT TO
111-14 COUNTY, MUNICIPALITY, REGIONAL TOLLWAY AUTHORITY, OR
111-15 LOCAL GOVERNMENT CORPORATION
111-16 SECTION 7.21. Sections 361.281, 361.282, and 361.285,
111-17 Transportation Code, are amended to read as follows:
111-18 Sec. 361.281. APPLICABILITY OF SUBCHAPTER. This subchapter
111-19 applies only to:
111-20 (1) a county with a population of more than 1.5
111-21 million;
111-22 (2) a local government corporation serving a county
111-23 with a population of more than 1.5 million; [or]
111-24 (3) an adjacent county in a joint turnpike authority
111-25 with a county with a population of more than 1.5 million;
112-1 (4) a municipality with a population of more than
112-2 120,000 that is adjacent to the United Mexican States; or
112-3 (5) a regional tollway authority created under Chapter
112-4 366.
112-5 Sec. 361.282. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
112-6 PROJECT. (a) The authority may lease, sell, or convey in another
112-7 manner a turnpike project to a county, municipality, regional
112-8 tollway authority, or a local government corporation created under
112-9 Chapter 431.
112-10 (b) The authority, the commission, and the governor must
112-11 approve the transfer of the turnpike project as being in the best
112-12 interests of the state and the entity receiving the turnpike
112-13 project [county].
112-14 Sec. 361.285. APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.
112-15 (a) An agreement for the lease, sale, or conveyance of a turnpike
112-16 project under this subchapter shall be submitted to the attorney
112-17 general for approval as part of the records of proceedings relating
112-18 to the issuance of bonds of the county, municipality, regional
112-19 tollway authority, or local government corporation.
112-20 (b) If the attorney general determines that the agreement is
112-21 in accordance with law, the attorney general shall approve the
112-22 agreement and deliver to the commission a copy of the legal opinion
112-23 of the attorney general stating that approval.
112-24 SECTION 7.22. Subsection (a), Section 361.331,
112-25 Transportation Code, is amended to read as follows:
113-1 (a) The authority may designate two or more turnpike
113-2 projects that are wholly or partly located in a metropolitan
113-3 planning organization [planning region of a council of governments]
113-4 as a pooled turnpike project after:
113-5 (1) conducting a public hearing in each affected
113-6 county; and
113-7 (2) obtaining the approval of the commission[; and]
113-8 [(3) obtaining a resolution adopted by the
113-9 commissioners court of the county that:]
113-10 [(A) approves the action; and]
113-11 [(B) specifies the date the pooled project
113-12 becomes toll free].
113-13 SECTION 7.23. Section 362.0041, Transportation Code, is
113-14 amended to read as follows:
113-15 Sec. 362.0041. CONVERSION [ACQUISITION] OF PROJECTS.
113-16 (a) If the commission finds that the conversion of a segment of
113-17 the free state highway system to a toll facility is the most
113-18 feasible and economic means to accomplish necessary expansion
113-19 improvements, or extensions to the state highway system, that
113-20 segment may[, on approval of the governor,] be converted
113-21 [transferred] by order of the commission to [the authority. The
113-22 authority may receive such segment of highway, thereafter to be
113-23 owned, operated, and maintained as] a turnpike project under
113-24 Chapter 361.
113-25 (b) [The authority shall reimburse the commission for the
114-1 cost of the transferred highway, unless the commission finds that
114-2 the transfer will result in substantial net benefits to the state,
114-3 the department, and the traveling public that exceed that cost.
114-4 The cost shall include the total dollar amount expended by the
114-5 department for the original construction of the highway, including
114-6 all costs associated with the preliminary engineering and design
114-7 engineering for plans, specifications, and estimates, the
114-8 acquisition of necessary right-of-way, and actual construction of
114-9 the highway and all necessary appurtenant facilities.]
114-10 [(c) The commission shall, coincident with the transfer,
114-11 remove the segment of highway from the designated state highway
114-12 system and shall subsequently have no liability, responsibility, or
114-13 duty for the maintenance or operation of the highway.]
114-14 [(d)] Prior to converting [transferring] a segment of the
114-15 state highway system under this section, the commission shall
114-16 conduct a public hearing for the purpose of receiving comments from
114-17 interested persons concerning the proposed transfer. Notice of the
114-18 hearing shall be published in the Texas Register, one or more
114-19 newspapers of general circulation, and a newspaper, if any,
114-20 published in the county or counties in which the involved highway
114-21 is located.
114-22 (c) [(e)] The commission shall adopt rules implementing this
114-23 section, such rules to include criteria and guidelines for the
114-24 approval of a conversion [transfer] of a highway.
114-25 SECTION 7.24. Subtitle G, Title 6, Transportation Code, is
115-1 amended by adding Chapter 366 to read as follows:
115-2 CHAPTER 366. REGIONAL TOLLWAY AUTHORITIES
115-3 SUBCHAPTER A. GENERAL PROVISIONS
115-4 Sec. 366.001. SHORT TITLE. This chapter may be cited as the
115-5 Regional Tollway Authority Act.
115-6 Sec. 366.002. PURPOSES; LIBERAL CONSTRUCTION. (a) The
115-7 purposes of this chapter are:
115-8 (1) the expansion and improvement of transportation
115-9 facilities and systems in this state;
115-10 (2) the creation of regional tollway authorities to
115-11 secure and acquire rights-of-way for urgently needed transportation
115-12 systems and to plan, design, construct, operate, expand, extend,
115-13 and modify those systems; and
115-14 (3) the reduction of burdens and demands on the
115-15 limited money available to the commission and an increase in the
115-16 effectiveness and efficiency of the commission.
115-17 (b) This chapter shall be liberally construed to effect its
115-18 purposes.
115-19 Sec. 366.003. DEFINITIONS. In this chapter:
115-20 (1) "Authority" means a regional tollway authority
115-21 organized under this chapter.
115-22 (2) "Board" means the board of directors of an
115-23 authority organized under this chapter.
115-24 (3) "Bond" means all bonds, certificates, notes, and
115-25 other obligations of an authority authorized by this chapter, any
116-1 other statute, or the Texas Constitution.
116-2 (4) "Bond proceedings" means a bond resolution and any
116-3 bond indenture authorized by the bond resolution, any credit
116-4 agreement entered into in connection with the bonds or the payments
116-5 to be made under the agreement, and any other agreement between an
116-6 authority and another person providing security for the payment of
116-7 bonds.
116-8 (5) "Bond resolution" means an order or resolution of
116-9 an authority's board authorizing the issuance of bonds.
116-10 (6) "Bondholder" means the owner of bonds and includes
116-11 a trustee acting on behalf of an owner of bonds under the terms of
116-12 a bond indenture.
116-13 (7) "Highway" means a road, highway, farm-to-market
116-14 road, or street under the supervision of the state or a political
116-15 subdivision of the state.
116-16 (8) "Local governmental entity" means a political
116-17 subdivision of the state, including a municipality or a county, a
116-18 political subdivision of a county, a group of adjoining counties, a
116-19 district organized or operating under Section 52, Article III, or
116-20 Section 59, Article XVI, Texas Constitution, or a nonprofit
116-21 corporation, including a transportation corporation created under
116-22 Chapter 431.
116-23 (9) "Revenue" means the tolls, rents, and other money
116-24 received by an authority from the ownership or operation of a
116-25 turnpike project.
117-1 (10) "System" means a turnpike project or any
117-2 combination of turnpike projects designated as a system by the
117-3 board under Section 366.034.
117-4 (11) "Turnpike project" means a highway of any number
117-5 of lanes, with or without grade separations, owned or operated by
117-6 an authority under this chapter and any improvement, extension, or
117-7 expansion to that highway, including:
117-8 (A) an improvement to relieve traffic congestion
117-9 and promote safety;
117-10 (B) a bridge, tunnel, overpass, underpass,
117-11 interchange, service road, ramp, entrance plaza, approach, or
117-12 tollhouse;
117-13 (C) an administration, storage, or other
117-14 building the authority considers necessary to operate the turnpike
117-15 project;
117-16 (D) a parking area or structure, rest stop,
117-17 park, and other improvement or amenity the authority considers
117-18 necessary, useful, or beneficial for the operation of a turnpike
117-19 project; and
117-20 (E) property rights, easements, and interests
117-21 the authority acquires to construct or operate the turnpike
117-22 project.
117-23 Sec. 366.004. CONSTRUCTION COSTS DEFINED. (a) The cost of
117-24 acquisition, construction, improvement, extension, or expansion of
117-25 a turnpike project or system under this chapter includes the cost
118-1 of:
118-2 (1) the actual acquisition, construction, improvement,
118-3 extension, or expansion of the turnpike project or system;
118-4 (2) the acquisition of real property, rights-of-way,
118-5 property rights, easements, and other interests in real property;
118-6 (3) machinery and equipment;
118-7 (4) interest payable before, during, and after
118-8 acquisition, construction, improvement, extension, or expansion as
118-9 provided in the bond proceedings;
118-10 (5) traffic estimates, revenue estimates, engineering
118-11 and legal services, plans, specifications, surveys, appraisals,
118-12 construction cost estimates, and other expenses necessary or
118-13 incidental to determining the feasibility of the construction,
118-14 improvement, extension, or expansion;
118-15 (6) necessary or incidental administrative, legal, and
118-16 other expenses;
118-17 (7) compliance with laws, regulations, and
118-18 administrative rulings;
118-19 (8) financing; and
118-20 (9) expenses related to the initial operation of the
118-21 turnpike project or system.
118-22 (b) Costs attributable to a turnpike project or system and
118-23 incurred before the issuance of bonds to finance the turnpike
118-24 project or system may be reimbursed from the proceeds of sale of
118-25 the bonds.
119-1 (Sections 366.005-366.030 reserved for expansion
119-2 SUBCHAPTER B. CREATION AND POWERS OF REGIONAL
119-3 TOLLWAY AUTHORITIES
119-4 Sec. 366.031. CREATION AND EXPANSION OF A REGIONAL TOLLWAY
119-5 AUTHORITY. (a) Two or more counties, acting through their
119-6 respective commissioners courts, may by order passed by each
119-7 commissioners court create a regional tollway authority under this
119-8 chapter if:
119-9 (1) one of the counties has a population of not less
119-10 than 300,000;
119-11 (2) the counties form a contiguous territory; and
119-12 (3) unless one of the counties has a population of 1.5
119-13 million or more, the commission approves the creation.
119-14 (b) The commission shall adopt rules to implement the
119-15 provisions of this section by March 1, 1998.
119-16 (c) A commissioners court may by resolution petition an
119-17 established authority for inclusion in the authority if the county
119-18 is contiguous to a county that initially created the authority.
119-19 (d) On approval of the board of an authority receiving a
119-20 petition under Subsection (c), the county becomes part of the
119-21 authority.
119-22 Sec. 366.032. NATURE OF REGIONAL TOLLWAY AUTHORITY. (a) An
119-23 authority created under this chapter is a body politic and
119-24 corporate and a political subdivision of this state.
119-25 (b) An authority is a governmental unit as that term is
120-1 defined in Chapter 101, Civil Practice and Remedies Code.
120-2 (c) The exercise by an authority of the powers conferred by
120-3 this chapter in the acquisition, design, financing, construction,
120-4 operation, and maintenance of a turnpike project or system is:
120-5 (1) in all respects for the benefit of the people of
120-6 the counties in which an authority operates and of the people of
120-7 this state, for the increase of their commerce and prosperity, and
120-8 for the improvement of their health, living conditions, and public
120-9 safety; and
120-10 (2) an essential governmental function of the state.
120-11 (d) The operations of an authority are governmental, not
120-12 proprietary, functions.
120-13 Sec. 366.033. GENERAL POWERS. (a) An authority, acting
120-14 through its board, without state approval, supervision, or
120-15 regulation, may:
120-16 (1) adopt rules for the regulation of its affairs and
120-17 the conduct of its business;
120-18 (2) adopt an official seal;
120-19 (3) study, evaluate, design, acquire, construct,
120-20 maintain, repair, and operate turnpike projects, individually or as
120-21 one or more systems;
120-22 (4) acquire, hold, and dispose of property in the
120-23 exercise of its powers and the performance of its duties under this
120-24 chapter;
120-25 (5) enter into contracts or operating agreements with
121-1 similar authorities or agencies of the United States, a state of
121-2 the United States, the United Mexican States, or a state of the
121-3 United Mexican States;
121-4 (6) enter into contracts or agreements necessary or
121-5 incidental to its duties and powers under this chapter;
121-6 (7) cooperate and work directly with property owners
121-7 and governmental agencies and officials to support an activity
121-8 required to promote or develop a turnpike project or system;
121-9 (8) employ and set the compensation and benefits of
121-10 administrators, consulting engineers, attorneys, accountants,
121-11 construction and financial experts, superintendents, managers,
121-12 full-time and part-time employees, agents, consultants, and such
121-13 other persons as the authority considers necessary or useful;
121-14 (9) receive loans, gifts, grants, and other
121-15 contributions for the construction of a turnpike project or system
121-16 and receive contributions of money, property, labor, or other
121-17 things of value from any source, including the United States, a
121-18 state of the United States, the United Mexican States, a state of
121-19 the United Mexican States, the commission, the department, any
121-20 subdivision of the state, or any other local governmental or
121-21 private entity, to be used for the purposes for which the grants or
121-22 contributions are made, and enter into any agreement necessary for
121-23 the grants or contributions;
121-24 (10) install, construct, maintain, repair, renew,
121-25 relocate, and remove public utility facilities in, on, along, over,
122-1 or under a turnpike project;
122-2 (11) organize a corporation under Chapter 431 for the
122-3 promotion and development of turnpike projects and systems;
122-4 (12) adopt and enforce rules not inconsistent with
122-5 this chapter for the use of any turnpike project or system,
122-6 including traffic and other public safety rules;
122-7 (13) enter into leases, operating agreements, service
122-8 agreements, licenses, franchises, and similar agreements with
122-9 public or private parties governing the parties' use of all or any
122-10 portion of a turnpike project and the rights and obligations of the
122-11 authority with respect to a turnpike project; and
122-12 (14) do all things necessary or appropriate to carry
122-13 out the powers expressly granted by this chapter.
122-14 (b) Rules adopted by the authority must comply with the
122-15 procedures in Subchapter B, Chapter 2001, Government Code, and are
122-16 subject to Section 2001.038, Government Code, except that the
122-17 action may be brought only in a district court of a county located
122-18 in the authority.
122-19 (c) Property comprising a part of a turnpike project or a
122-20 system is not subject to condemnation or the power of eminent
122-21 domain by any person, including a governmental entity.
122-22 (d) An authority may, if requested by the commission,
122-23 perform any function not specified by this chapter to promote or
122-24 develop turnpike projects and systems in this state.
122-25 (e) An authority may sue and be sued and plead and be
123-1 impleaded in its own name.
123-2 (f) An authority may rent, lease, franchise, license, or
123-3 otherwise make portions of its properties available for use by
123-4 others in furtherance of its powers under this chapter by
123-5 increasing the feasibility or the revenue of a turnpike project or
123-6 system.
123-7 (g) An authority and any local governmental entity may enter
123-8 into a contract under which the authority will operate a turnpike
123-9 project or system on behalf of the local governmental entity. An
123-10 authority may enter into a contract with the department under which
123-11 the authority will operate a turnpike project or system on behalf
123-12 of the department.
123-13 (h) The payments to be made to an authority under a contract
123-14 described by Subsection (g) shall constitute operating expenses of
123-15 the facility or system that is to be operated under the contract,
123-16 and the contract may extend for a number of years as the parties
123-17 agree.
123-18 (i) An authority shall adopt a written drug and alcohol
123-19 policy restricting the use of controlled substances by employees of
123-20 the authority, prohibiting the consumption of alcoholic beverages
123-21 by employees while on duty, and prohibiting employees from working
123-22 for the authority while under the influence of controlled
123-23 substances or alcohol. An authority may adopt policies regarding
123-24 the testing of employees suspected of being in violation of the
123-25 authority's drug and alcohol policy. The policy shall provide
124-1 that, unless required by court order or permitted by the person who
124-2 is the subject of the testing, the authority shall keep the results
124-3 of the test confidential.
124-4 (j) An authority shall adopt written procedures governing
124-5 its procurement of goods and services that are consistent with
124-6 general laws applicable to the authority.
124-7 Sec. 366.034. ESTABLISHMENT OF TURNPIKE SYSTEMS. (a) If an
124-8 authority determines that the traffic needs of the counties in
124-9 which it operates and the traffic needs of the surrounding region
124-10 could be most efficiently and economically met by jointly operating
124-11 two or more turnpike projects as one operational and financial
124-12 enterprise, it may create a system comprised of those turnpike
124-13 projects. An authority may create more than one system and may
124-14 combine two or more systems into one system. An authority may
124-15 finance, acquire, construct, and operate additional turnpike
124-16 projects as additions to and expansions of a system if the
124-17 authority determines that the turnpike project could most
124-18 efficiently and economically be acquired and constructed if it were
124-19 a part of the system and that the addition will benefit the system.
124-20 (b) The revenue of a system shall be accounted for
124-21 separately and may not be commingled with the revenue of a turnpike
124-22 project that is not a part of the system or with the revenue of
124-23 another system.
124-24 Sec. 366.035. CONVERSION OF STATE HIGHWAY SYSTEM PROJECTS.
124-25 (a) If the commission determines that the most feasible and
125-1 economic means to accomplish necessary expansion, improvements, or
125-2 extensions to the state highway system is the conversion to a
125-3 turnpike project of a segment of the free state highway system, any
125-4 segment located in a county of an authority or a county in which an
125-5 authority operates a turnpike project or in any county adjacent to
125-6 those counties may, on approval of the governor and the affected
125-7 authority, be transferred by order of the commission to that
125-8 authority. An authority that receives the segment of highway may
125-9 own, operate, and maintain the segment as a turnpike project or
125-10 system or a part of a turnpike project or system under this
125-11 chapter.
125-12 (b) An authority shall reimburse the commission for the cost
125-13 of a transferred highway, unless the commission determines that the
125-14 transfer will result in substantial net benefits to the state, the
125-15 department, and the traveling public that exceed that cost. The
125-16 cost includes the total amount expended by the department for the
125-17 original construction of the highway, including all costs
125-18 associated with the preliminary engineering and design engineering
125-19 for plans, specifications, and estimates, the acquisition of
125-20 necessary rights-of-way, and actual construction of the highway and
125-21 all necessary appurtenant facilities. Costs anticipated to be
125-22 expended to expand, improve, or extend the highway shall be
125-23 deducted from the costs to be reimbursed to the commission.
125-24 (c) The commission shall, at the time of a transfer, remove
125-25 the segment of highway from the state highway system. After a
126-1 transfer the commission has no liability, responsibility, or duty
126-2 for the maintenance or operation of the highway.
126-3 (d) Before transferring a segment of the state highway
126-4 system under this section, the commission shall conduct a public
126-5 hearing to receive comments from interested persons concerning the
126-6 proposed transfer. Notice of the hearing must be published in the
126-7 Texas Register, one or more newspapers of general circulation in
126-8 the counties in which the segment is located, and a newspaper, if
126-9 any, published in the counties of the applicable authority.
126-10 (e) The commission shall adopt rules implementing this
126-11 section. The rules shall include criteria and guidelines for the
126-12 approval of a transfer of a highway.
126-13 (f) An authority shall adopt rules providing criteria and
126-14 guidelines for approving the acceptance of a highway under this
126-15 section.
126-16 (Sections 366.036-366.070 reserved for expansion
126-17 SUBCHAPTER C. FEASIBILITY OF REGIONAL TURNPIKE PROJECTS
126-18 Sec. 366.071. EXPENDITURES FOR FEASIBILITY STUDIES. (a) An
126-19 authority may pay the expenses of studying the cost and feasibility
126-20 and any other expenses relating to the preparation and issuance of
126-21 bonds for a proposed turnpike project or system by:
126-22 (1) using legally available revenue derived from an
126-23 existing turnpike project or system;
126-24 (2) borrowing money and issuing bonds or entering into
126-25 a loan agreement payable out of legally available revenue
127-1 anticipated to be derived from the operation of an existing
127-2 turnpike project or system; or
127-3 (3) pledging to the payment of the bonds or loan
127-4 agreements legally available revenue anticipated to be derived from
127-5 the operation of an existing turnpike project or system or revenue
127-6 legally available to the authority from another source.
127-7 (b) Money spent under this section for a proposed turnpike
127-8 project or system must be reimbursed to the turnpike project or
127-9 system from which the money was spent from the proceeds of bonds
127-10 issued for the acquisition and construction of the proposed
127-11 turnpike project or system.
127-12 (c) The use of any money of a turnpike project or system to
127-13 study the feasibility of another turnpike project or system or used
127-14 to repay any money used for that purpose does not constitute an
127-15 operating expense of the turnpike project or system producing the
127-16 revenue and may only be paid from the surplus money of the turnpike
127-17 project or system.
127-18 Sec. 366.072. FEASIBILITY STUDY FUND. (a) An authority may
127-19 maintain a feasibility study fund. The fund is a revolving fund
127-20 held in trust by a banking institution chosen by the authority and
127-21 shall be kept separate from the money for any turnpike project or
127-22 system.
127-23 (b) An authority may transfer an amount from a surplus fund
127-24 established for a turnpike project or system to the authority's
127-25 feasibility study fund if the remainder of the surplus fund is not
128-1 less than any minimum amount required by the bond proceedings to be
128-2 retained for that turnpike project or system.
128-3 (c) Money in the feasibility study fund may be used only to
128-4 pay the expenses of studying the cost and feasibility and any other
128-5 expenses relating to:
128-6 (1) the preparation and issuance of bonds for the
128-7 acquisition and construction of a proposed turnpike project or
128-8 system;
128-9 (2) the financing of the improvement, extension, or
128-10 expansion of an existing turnpike project or system; and
128-11 (3) private participation, as authorized by law, in
128-12 the financing of a proposed turnpike project or system, the
128-13 refinancing of an existing turnpike project or system, or the
128-14 improvement, extension, or expansion of a turnpike project or
128-15 system.
128-16 (d) Money spent under Subsection (c) for a proposed turnpike
128-17 project or system must be reimbursed from the proceeds of turnpike
128-18 revenue bonds issued for, or other proceeds that may be used for,
128-19 the acquisition, construction, improvement, extension, expansion,
128-20 or operation of the turnpike project or system.
128-21 (e) For a purpose described by Subsection (c), an authority
128-22 may borrow money and issue promissory notes or other
128-23 interest-bearing evidences of indebtedness payable out of its
128-24 feasibility study fund, pledging money in the fund or to be placed
128-25 in the fund.
129-1 Sec. 366.073. FEASIBILITY STUDY BY MUNICIPALITY, COUNTY,
129-2 OTHER LOCAL GOVERNMENTAL ENTITY, OR PRIVATE GROUP. (a) One or
129-3 more municipalities, counties, or local governmental entities, a
129-4 combination of municipalities, counties, and local governmental
129-5 entities, or a private group or combination of individuals in this
129-6 state may pay all or part of the expenses of studying the cost and
129-7 feasibility and any other expenses relating to:
129-8 (1) the preparation and issuance of bonds for the
129-9 acquisition and construction of a proposed turnpike project or
129-10 system by an authority;
129-11 (2) the improvement, extension, or expansion of an
129-12 authority's existing turnpike project or system; or
129-13 (3) the use of private participation under applicable
129-14 law in connection with the acquisition, construction, improvement,
129-15 expansion, extension, maintenance, repair, or operation of a
129-16 turnpike project or system by an authority.
129-17 (b) Money spent under Subsection (a) for an authority's
129-18 proposed turnpike project or system is reimbursable without
129-19 interest and with the consent of the authority to the person paying
129-20 the expenses described in Subsection (a) out of the proceeds from
129-21 turnpike revenue bonds issued for or other proceeds that may be
129-22 used for the acquisition, construction, improvement, extension,
129-23 expansion, or operation of the turnpike project or system.
129-24 (Sections 366.074-366.110 reserved for expansion
130-1 SUBCHAPTER D. TURNPIKE FINANCING
130-2 Sec. 366.111. TURNPIKE REVENUE BONDS. (a) An authority, by
130-3 adoption of a bond resolution, may authorize the issuance of bonds
130-4 to pay all or part of the cost of a turnpike project or system, to
130-5 refund any bonds previously issued for the turnpike project or
130-6 system, or to pay for all or part of the cost of a turnpike project
130-7 or system that will become a part of another system.
130-8 (b) As determined in the bond resolution, the bonds of each
130-9 issue shall:
130-10 (1) be dated;
130-11 (2) bear interest at the rate or rates and beginning
130-12 on the dates, as authorized by law, or bear no interest;
130-13 (3) mature at the time or times, not exceeding 40
130-14 years from their date or dates; and
130-15 (4) be made redeemable before maturity at the price or
130-16 prices and under the terms provided by the bond resolution.
130-17 (c) An authority may sell the bonds at public or private
130-18 sale in the manner and for the price it determines to be in the
130-19 best interest of the authority.
130-20 (d) The proceeds of each bond issue shall be disbursed in
130-21 the manner and under the restrictions, if any, the authority
130-22 provides in the bond resolution.
130-23 (e) Additional bonds may be issued in the same manner to pay
130-24 the costs of a turnpike project or system. Unless otherwise
130-25 provided in the bond resolution, the additional bonds shall be on a
131-1 parity, without preference or priority, with bonds previously
131-2 issued and payable from the revenue of the turnpike project or
131-3 system. In addition, an authority may issue bonds for a turnpike
131-4 project or system secured by a lien on the revenue of the turnpike
131-5 project or system subordinate to the lien on the revenue securing
131-6 other bonds issued for the turnpike project or system.
131-7 (f) If the proceeds of a bond issue exceed the cost of the
131-8 turnpike project or system for which the bonds were issued, the
131-9 surplus shall be segregated from the other money of the authority
131-10 and used only for the purposes specified in the bond resolution.
131-11 (g) Bonds issued and delivered under this chapter and
131-12 interest coupons on the bonds are a security under Chapter 8,
131-13 Business & Commerce Code.
131-14 (h) Bonds issued under this chapter and income from the
131-15 bonds, including any profit made on the sale or transfer of the
131-16 bonds, are exempt from taxation in this state.
131-17 Sec. 366.112. INTERIM BONDS. (a) An authority may, before
131-18 issuing definitive bonds, issue interim bonds, with or without
131-19 coupons, exchangeable for definitive bonds.
131-20 (b) The interim bonds may be authorized and issued in
131-21 accordance with this chapter, without regard to the requirements,
131-22 restrictions, or procedural provisions contained in any other law.
131-23 (c) A bond resolution authorizing interim bonds may provide
131-24 that the interim bonds recite that the bonds are issued under this
131-25 chapter. The recital is conclusive evidence of the validity and
132-1 the regularity of the bonds' issuance.
132-2 Sec. 366.113. PAYMENT OF BONDS; STATE AND COUNTY CREDIT NOT
132-3 PLEDGED. (a) The principal of, interest on, and any redemption
132-4 premium on bonds issued by an authority are payable solely from:
132-5 (1) the revenue of the turnpike project or system for
132-6 which the bonds are issued, including tolls pledged to pay the
132-7 bonds;
132-8 (2) payments made under an agreement with the
132-9 commission or a local governmental entity as provided by Subchapter
132-10 G;
132-11 (3) money derived from any other source available to
132-12 the authority, other than money derived from a turnpike project
132-13 that is not part of the same system or money derived from a
132-14 different system, except to the extent that the surplus revenue of
132-15 a turnpike project or system has been pledged for that purpose; and
132-16 (4) amounts received under a credit agreement relating
132-17 to the turnpike project or system for which the bonds are issued.
132-18 (b) Bonds issued under this chapter do not constitute a debt
132-19 of the state or any of the counties of an authority or a pledge of
132-20 the faith and credit of the state or any of the counties. Each
132-21 bond must contain on its face a statement to the effect that the
132-22 state, the authority, and the counties of the authority are not
132-23 obligated to pay the bond or the interest on the bond from a source
132-24 other than the amount pledged to pay the bond and the interest on
132-25 the bond, and neither the faith and credit and taxing power of the
133-1 state or the counties of the authority are pledged to the payment
133-2 of the principal of or interest on the bond.
133-3 (c) An authority may not incur financial obligations that
133-4 cannot be paid from revenue derived from owning or operating the
133-5 authority's turnpike projects and systems or from other revenue
133-6 provided by law.
133-7 Sec. 366.114. EFFECT OF LIEN. (a) A lien on or a pledge of
133-8 revenue from a turnpike project or system under this chapter or on
133-9 a reserve, replacement, or other fund established in connection
133-10 with a bond issued under this chapter:
133-11 (1) is enforceable at the time of payment for and
133-12 delivery of the bond;
133-13 (2) applies to an item on hand or subsequently
133-14 received;
133-15 (3) applies without physical delivery of an item or
133-16 other act; and
133-17 (4) is enforceable against any person having any
133-18 claim, in tort, contract, or other remedy, against the applicable
133-19 authority without regard to whether the person has notice of the
133-20 lien or pledge.
133-21 (b) A bond resolution is not required to be recorded except
133-22 in the regular records of the authority.
133-23 Sec. 366.115. BOND INDENTURE. (a) Bonds issued under this
133-24 chapter may be secured by a bond indenture between the authority
133-25 and a corporate trustee that is a trust company or a bank that has
134-1 the powers of a trust company.
134-2 (b) A bond indenture may pledge or assign the tolls and
134-3 other revenue to be received but may not convey or mortgage any
134-4 part of a turnpike project or system.
134-5 (c) A bond indenture may:
134-6 (1) set forth the rights and remedies of the
134-7 bondholders and the trustee;
134-8 (2) restrict the individual right of action by
134-9 bondholders as is customary in trust agreements or indentures of
134-10 trust securing corporate bonds and debentures; and
134-11 (3) contain provisions the authority determines
134-12 reasonable and proper for the security of the bondholders,
134-13 including covenants:
134-14 (A) establishing the authority's duties relating
134-15 to:
134-16 (i) the acquisition of property;
134-17 (ii) the construction, maintenance,
134-18 operation, and repair of and insurance for a turnpike project or
134-19 system; and
134-20 (iii) custody, safeguarding, and
134-21 application of money;
134-22 (B) prescribing events that constitute default;
134-23 (C) prescribing terms on which any or all of the
134-24 bonds become or may be declared due before maturity; and
134-25 (D) relating to the rights, powers, liabilities,
135-1 or duties that arise on the breach of an authority's duty.
135-2 (d) The expenses incurred in carrying out a trust agreement
135-3 may be treated as part of the cost of operating the turnpike
135-4 project.
135-5 (e) In addition to all other rights by mandamus or other
135-6 court proceeding, an owner or trustee of a bond issued under this
135-7 chapter may enforce the owner's rights against an issuing
135-8 authority, the authority's employees, the authority's board, or an
135-9 agent or employee of the authority's board and is entitled to:
135-10 (1) require the authority and the board to impose and
135-11 collect tolls, charges, and other revenue sufficient to carry out
135-12 any agreement contained in the bond proceedings; and
135-13 (2) apply for and obtain the appointment of a receiver
135-14 for the turnpike project or system.
135-15 Sec. 366.116. APPROVAL OF BONDS BY ATTORNEY GENERAL.
135-16 (a) An authority shall submit to the attorney general for
135-17 examination a transcript of proceedings relating to bonds
135-18 authorized under this chapter. The transcript shall include the
135-19 bond proceedings and any contract securing or providing revenue for
135-20 the payment of the bonds.
135-21 (b) If the attorney general determines that the bonds, the
135-22 bond proceedings, and any supporting contract are authorized by
135-23 law, the attorney general shall approve the bonds and deliver to
135-24 the comptroller:
135-25 (1) a copy of the legal opinion of the attorney
136-1 general stating the approval; and
136-2 (2) the record of proceedings relating to the
136-3 authorization of the bonds.
136-4 (c) On receipt of the legal opinion of the attorney general
136-5 and the record of proceedings relating to the authorization of the
136-6 bonds, the comptroller shall register the record of proceedings.
136-7 (d) After approval by the attorney general, the bonds, the
136-8 bond proceedings, and any supporting contract are valid,
136-9 enforceable, and incontestable in any court or other forum for any
136-10 reason and are binding obligations according to their terms for all
136-11 purposes.
136-12 Sec. 366.117. FURNISHING OF INDEMNIFYING BONDS OR PLEDGES OF
136-13 SECURITIES. (a) A bank or trust company incorporated under the
136-14 laws of this state that acts as depository of the proceeds of bonds
136-15 or of revenue may furnish indemnifying bonds or pledge securities
136-16 that an authority requires.
136-17 (b) Bonds of an authority may secure the deposit of public
136-18 money of the state or a political subdivision of the state to the
136-19 extent of the lesser of the face value of the bonds or their market
136-20 value.
136-21 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
136-22 laws affecting the issuance of bonds by local governmental
136-23 entities, including Chapter 656, Acts of the 68th Legislature,
136-24 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
136-25 Statutes), Chapter 3, Acts of the 61st Legislature, Regular
137-1 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes), the
137-2 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
137-3 Statutes), and Chapter 53, Acts of the 70th Legislature, 2nd Called
137-4 Session, 1987 (Article 717k-8, Vernon's Texas Civil Statutes),
137-5 apply to bonds issued under this chapter. To the extent of a
137-6 conflict between those laws and this chapter, the provisions of
137-7 this chapter prevail.
137-8 (Sections 366.119-366.160 reserved for expansion
137-9 SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION
137-10 OF TURNPIKE PROJECTS
137-11 Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER
137-12 COUNTIES. An authority may acquire, construct, operate, maintain,
137-13 expand, or extend a turnpike project in:
137-14 (1) a county that is a part of the authority; or
137-15 (2) a county in which the authority operates or is
137-16 constructing a turnpike project if the turnpike project in the
137-17 affected county is a continuation of the authority's turnpike
137-18 project or system extending from an adjacent county.
137-19 Sec. 366.162. POWERS AND PROCEDURES OF AUTHORITY IN
137-20 ACQUIRING PROPERTY. (a) An authority may construct or improve a
137-21 turnpike project on real property, including a right-of-way
137-22 acquired by the authority or provided to the authority for that
137-23 purpose by the commission, a political subdivision of this state,
137-24 or any other local governmental entity.
137-25 (b) Except as provided by this chapter, an authority has the
138-1 same powers and may use the same procedures as the commission in
138-2 acquiring property.
138-3 Sec. 366.163. ACQUISITION OF PROPERTY. (a) An authority
138-4 may acquire in the name of the authority public or private real and
138-5 other property it determines necessary or convenient for the
138-6 construction, operation, maintenance, expansion, or extension of a
138-7 turnpike project or for otherwise carrying out this chapter.
138-8 (b) The property an authority may acquire under this
138-9 subchapter includes all or any portion of, and rights in and to:
138-10 (1) public or private land, streets, alleys,
138-11 rights-of-way, parks, playgrounds, and reservations;
138-12 (2) franchises;
138-13 (3) easements;
138-14 (4) licenses; and
138-15 (5) other interests in real and other property.
138-16 (c) An authority may acquire real property by any method,
138-17 including purchase and condemnation. An authority may purchase
138-18 public or private real property on the terms and at the price the
138-19 authority and the property owner consider reasonable.
138-20 (d) Covenants, conditions, restrictions, or limitations
138-21 affecting property acquired in any manner by the authority are not
138-22 binding against the authority and do not impair the authority's
138-23 ability to use the property for a purpose authorized by this
138-24 chapter. The beneficiaries of the covenants, conditions,
138-25 restrictions, or limitations are not entitled to enjoin the
139-1 authority from using the property for a purpose authorized under
139-2 this chapter, but this section does not affect the right of a
139-3 person to seek compensation for damages to the person's property
139-4 under Section 17, Article I, Texas Constitution.
139-5 (e) Subsection (d) does not affect the obligation of the
139-6 authority under other state law to compensate the state for
139-7 acquiring or using property owned by or on behalf of the state.
139-8 Sec. 366.164. RIGHT OF ENTRY. (a) To acquire property
139-9 necessary or useful in connection with a turnpike project, an
139-10 authority may enter any real property, water, or premises to make a
139-11 survey, geotechnical evaluation, sounding, or examination.
139-12 (b) An entry under Subsection (a) is not:
139-13 (1) a trespass; or
139-14 (2) an entry under a pending condemnation proceeding.
139-15 (c) The authority shall make reimbursements for any actual
139-16 damages to real property, water, or premises that result from an
139-17 activity described by Subsection (a).
139-18 Sec. 366.165. CONDEMNATION OF REAL PROPERTY. (a) Subject
139-19 to Subsection (c), an authority may acquire public or private real
139-20 property in the name of the authority by the exercise of the power
139-21 of condemnation under the laws applicable to the exercise of that
139-22 power on property for public use if:
139-23 (1) the authority and the property owner cannot agree
139-24 on a reasonable price for the property; or
139-25 (2) the property owner is legally incapacitated,
140-1 absent, unknown, or unable to convey title.
140-2 (b) An authority may condemn real property that the
140-3 authority determines is:
140-4 (1) necessary or appropriate to construct or to
140-5 efficiently operate a turnpike project;
140-6 (2) necessary to restore public or private property
140-7 damaged or destroyed, including property necessary or convenient to
140-8 mitigate an environmental effect that directly results from the
140-9 construction, operation, or maintenance of a turnpike project;
140-10 (3) necessary for access, approach, and interchange
140-11 roads;
140-12 (4) necessary to provide proper drainage and ground
140-13 slope for a turnpike project; or
140-14 (5) necessary otherwise to implement this chapter.
140-15 (c) An authority may construct a supplemental facility only
140-16 on real property the authority purchases.
140-17 (d) An authority's acquisition of any real or other property
140-18 of the commission under this section or any other section of this
140-19 chapter or an authority's relocation, rerouting, disruption, or
140-20 alteration of any facility of the commission is considered a
140-21 conversion of a state highway under Section 366.035 and is subject
140-22 to all requirements and approvals of a conversion under that
140-23 section.
140-24 Sec. 366.166. DECLARATION OF TAKING. (a) An authority may
140-25 file a declaration of taking with the clerk of the court:
141-1 (1) in which the authority files a condemnation
141-2 petition under Chapter 21, Property Code; or
141-3 (2) to which the case is assigned.
141-4 (b) An authority may file the declaration of taking
141-5 concurrently with or subsequent to the filing of the condemnation
141-6 petition but may not file the declaration after the special
141-7 commissioners have made an award in the condemnation proceeding.
141-8 (c) The declaration of taking must include:
141-9 (1) a specific reference to the legislative authority
141-10 for the condemnation;
141-11 (2) a description and plot plan of the real property
141-12 to be condemned, including the following information if applicable:
141-13 (A) the municipality in which the property is
141-14 located;
141-15 (B) the street address of the property; and
141-16 (C) the lot and block number of the property;
141-17 (3) a statement of the property interest to be
141-18 condemned;
141-19 (4) the name and address of each property owner that
141-20 the authority can obtain after reasonable investigation and a
141-21 description of the owner's interest in the property; and
141-22 (5) a statement that immediate possession of all or
141-23 part of the property to be condemned is necessary for the timely
141-24 construction of a turnpike project.
141-25 (d) A deposit to the registry of the court of an amount
142-1 equal to the appraised fair market value, as determined by the
142-2 authority, of the property to be condemned and any damages to the
142-3 remainder must accompany the declaration of taking.
142-4 (e) Instead of the deposit under Subsection (d), at its
142-5 option, the authority may, concurrently with the declaration of a
142-6 taking, tender in favor of the owner of the subject property a bond
142-7 or other security in an amount sufficient to secure the owner for
142-8 the value of the property taken and damages to remaining property,
142-9 if the authority obtains the court's approval.
142-10 (f) The date on which the declaration is filed is the date
142-11 of taking for the purpose of assessing the value of the property
142-12 taken and damages to any remaining property to which an owner is
142-13 entitled.
142-14 (g) An owner may draw upon the deposit held by the court
142-15 under Subsection (d) on the same terms and conditions as are
142-16 applicable under state law to a property owner's withdrawal of a
142-17 commissioners' award deposited under Section 21.021(a)(1), Property
142-18 Code.
142-19 (h) A property owner that is a defendant in an eminent
142-20 domain action filed by an authority under this chapter has 20 days
142-21 after the date of service of process of both a condemnation
142-22 petition and a notice of declaration of taking to give notice to
142-23 the court in which the action is pending of the defendant's desire
142-24 to have the condemnation petition placed on the court's docket in
142-25 the same manner as other cases pending in the court. On receipt of
143-1 timely notice from the defendant, the court in which the eminent
143-2 domain action is pending shall place the case on its docket in the
143-3 same manner as other cases pending in the court.
143-4 Sec. 366.167. POSSESSION OF PROPERTY. (a) Immediately on
143-5 the filing of a declaration of taking, an authority shall serve a
143-6 copy of the declaration on each person possessing an interest in
143-7 the condemned property by a method prescribed by Section 21.016(d),
143-8 Property Code. The authority shall file evidence of the service
143-9 with the clerk of the court. On filing of that evidence, the
143-10 authority may take possession of the property on the same terms as
143-11 if a commissioners hearing had been conducted, pending the
143-12 litigation.
143-13 (b) If the condemned property is a homestead or a portion of
143-14 a homestead as defined by Section 41.002, Property Code, an
143-15 authority may not take possession before the 31st day after the
143-16 date of service under Subsection (a).
143-17 (c) A property owner or tenant who refuses to vacate the
143-18 property or yield possession is subject to forcible entry and
143-19 detainer under Chapter 24, Property Code.
143-20 Sec. 366.168. SEVERANCE OF REAL PROPERTY. (a) If an
143-21 authority's turnpike project severs a property owner's real
143-22 property, the authority shall pay:
143-23 (1) the value of the property acquired; and
143-24 (2) the damages, if any, to the remainder of the
143-25 owner's property caused by the severance, including damages caused
144-1 by the inaccessibility of one tract from the other.
144-2 (b) At its option, an authority may negotiate for and
144-3 purchase the severed real property or any part of the severed real
144-4 property if the authority and the property owner agree on terms for
144-5 the purchase. An authority may sell and dispose of severed real
144-6 property that it determines is not necessary or useful to the
144-7 authority. Severed property must be appraised before being offered
144-8 for sale by an authority.
144-9 Sec. 366.169. ACQUISITION OF RIGHTS IN PUBLIC REAL PROPERTY.
144-10 (a) An authority may use real property, including submerged land,
144-11 streets, alleys, and easements, owned by the state or a local
144-12 governmental entity that the authority considers necessary for the
144-13 construction or operation of a turnpike project.
144-14 (b) The state or a local governmental entity having charge
144-15 of public real property may consent to the use of the property for
144-16 a turnpike project.
144-17 (c) Except as provided by Section 366.035, the state or a
144-18 local governmental entity may convey, grant, or lease to an
144-19 authority real property, including highways and other real property
144-20 already devoted to public use and rights or easements in real
144-21 property, that may be necessary or convenient to accomplish the
144-22 authority's purposes, including the construction or operation of a
144-23 turnpike project. A conveyance, grant, or lease under this section
144-24 may be made without advertising, court order, or other action other
144-25 than the normal action of the state or local governmental entity
145-1 necessary for a conveyance, grant, or lease.
145-2 (d) This section does not deprive the School Land Board of
145-3 the power to execute leases for the development of oil, gas, and
145-4 other minerals on state-owned real property adjoining a turnpike
145-5 project or in tidewater limits. The leases may provide for
145-6 directional drilling from the adjoining property or tidewater area.
145-7 (e) This section does not affect the obligation of the
145-8 authority under other state law to compensate the state for
145-9 acquiring or using property owned by or on behalf of the state. An
145-10 authority's use of property owned by or on behalf of the state is
145-11 subject to any covenants, conditions, restrictions, or limitations
145-12 affecting that property.
145-13 Sec. 366.170. COMPENSATION FOR AND RESTORATION OF PUBLIC
145-14 PROPERTY. (a) Except as provided by Section 366.035 or Section
145-15 366.165(c), an authority may not pay compensation for public real
145-16 property, parkways, streets, highways, alleys, or reservations it
145-17 takes, except for:
145-18 (1) parks and playgrounds;
145-19 (2) property owned by or on behalf of the state that
145-20 under state law requires compensation to the state for the use or
145-21 acquisition of the property; or
145-22 (3) as provided by this chapter.
145-23 (b) Public property damaged in the exercise of powers
145-24 granted by this chapter shall be restored or repaired and placed in
145-25 its original condition as nearly as practicable.
146-1 (c) An authority has full easements and rights-of-way
146-2 through, across, under, and over any property owned by the state or
146-3 any local governmental entity that are necessary or convenient to
146-4 construct, acquire, or efficiently operate a turnpike project or
146-5 system under this chapter. This subsection does not affect the
146-6 obligation of the authority under other state law to compensate the
146-7 state for the use or acquisition of an easement or right-of-way on
146-8 property owned by or on behalf of the state. An authority's use of
146-9 property owned by or on behalf of the state is subject to any
146-10 covenants, conditions, restrictions, or limitations affecting that
146-11 property.
146-12 Sec. 366.171. PUBLIC UTILITY FACILITIES. (a) An authority
146-13 may adopt rules for the installation, construction, operation,
146-14 maintenance, repair, renewal, relocation, and removal of a public
146-15 utility facility in, on, along, over, or under a turnpike project.
146-16 (b) If an authority determines it is necessary that a public
146-17 utility facility located in, on, along, over, or under a turnpike
146-18 project be relocated in the turnpike project, removed from the
146-19 turnpike project, or carried along or across the turnpike project
146-20 by grade separation, the owner or operator of the utility facility
146-21 shall relocate or remove the facility in accordance with the
146-22 requirements of the authority and in a manner that does not impede
146-23 the design, financing, construction, operation, or maintenance of
146-24 the turnpike project. The authority, as a part of the cost of the
146-25 turnpike project or the cost of operating the turnpike project,
147-1 shall pay the cost of the relocation, removal, or grade separation,
147-2 including the cost of:
147-3 (1) installation of the facility in a new location;
147-4 (2) damages incurred by the utility to its facilities
147-5 and services;
147-6 (3) interests in real property and other rights
147-7 acquired to accomplish the relocation or removal; and
147-8 (4) maintenance of grade separation structures.
147-9 (c) The authority may reduce the total costs to be paid by
147-10 the authority under Subsection (b) by 10 percent for each 30-day
147-11 period or portion of a 30-day period by which the relocation
147-12 exceeds the limit specified by the authority. If an owner or
147-13 operator of a public utility facility does not timely remove or
147-14 relocate as required under Subsection (b), the authority may do so
147-15 at the expense of the public utility. If the authority determines
147-16 that a delay in relocation is the result of circumstances beyond
147-17 the control of the utility, full costs shall be paid by the
147-18 authority.
147-19 (d) Chapter 228, Acts of the 51st Legislature, Regular
147-20 Session, 1949 (Article 1436a, Vernon's Texas Civil Statutes),
147-21 applies to the erection, construction, maintenance, and operation
147-22 of lines and poles owned by a corporation described by Section 1 of
147-23 that Act over, under, across, on, and along a turnpike project or
147-24 system constructed by an authority. An authority has the powers
147-25 and duties delegated to the commissioners court by that Act, and an
148-1 authority has exclusive jurisdiction and control of utilities
148-2 located in its rights-of-way.
148-3 (e) Chapter 470, Acts of the 52nd Legislature, 1951 (Article
148-4 1436b, Vernon's Texas Civil Statutes), applies to the laying and
148-5 maintenance of facilities used for conducting gas by a person,
148-6 firm, or corporation or municipality described in Section 1 of that
148-7 Act through, under, along, across, and over a turnpike project or
148-8 system constructed by an authority except as otherwise provided by
148-9 this section. An authority has the power and duties delegated to
148-10 the commissioners court by that Act and an authority has exclusive
148-11 jurisdiction and control of utilities located in its right-of-way.
148-12 (f) The laws of this state applicable to the use of public
148-13 roads, streets, and waters by a telephone and telegraph corporation
148-14 apply to the erection, construction, maintenance, location, and
148-15 operation of a line, pole, or other fixture by a telephone and
148-16 telegraph corporation over, under, across, on, and along a turnpike
148-17 project or system constructed by an authority under this chapter.
148-18 (g) In this section "public utility facility" means a track,
148-19 pipe, main, conduit, cable, wire, tower, pole, or other item of
148-20 plant or equipment or an appliance of a public utility or other
148-21 person.
148-22 Sec. 366.172. LEASE, SALE, OR CONVEYANCE OF TURNPIKE
148-23 PROJECT. (a) An authority may lease, sell, or convey in another
148-24 manner a turnpike project to the department, a county, or a local
148-25 government corporation created under Chapter 431 only with the
149-1 approval of the governing body of the entity to which the project
149-2 is transferred.
149-3 (b) An agreement to lease, sell, or convey a turnpike
149-4 project under this section must provide for the discharge and final
149-5 payment or redemption of the authority's outstanding bonded
149-6 indebtedness for the turnpike project and must not be prohibited
149-7 under the bond proceedings applicable to the system, if any, of
149-8 which the turnpike project is a part.
149-9 Sec. 366.173. REVENUE. (a) An authority may:
149-10 (1) impose tolls for the use of each of its turnpike
149-11 projects and systems and the different parts or sections of each of
149-12 its turnpike projects and systems; and
149-13 (2) contract with a person for the use of part of a
149-14 turnpike project or system or lease or sell part of a turnpike
149-15 project or system, including the right-of-way adjoining the paved
149-16 portion, for any purpose, including placing on the adjoining
149-17 right-of-way a gas station, garage, store, hotel, restaurant,
149-18 parking facility, railroad track, billboard, livestock pasturage,
149-19 telephone line or facility, telecommunication line or facility,
149-20 data transmission line or facility, and electric line or facility,
149-21 under terms set by the authority.
149-22 (b) Tolls must be set so that the aggregate of tolls from an
149-23 authority's turnpike project or system, together with other revenue
149-24 of the turnpike project or system:
149-25 (1) provides revenue sufficient to pay:
150-1 (A) the cost of maintaining, repairing, and
150-2 operating the turnpike project or system; and
150-3 (B) the principal of and interest on the bonds
150-4 issued for the turnpike project or system as those bonds become due
150-5 and payable; and
150-6 (2) creates reserves for a purpose listed under
150-7 Subdivision (1).
150-8 (c) Tolls are not subject to supervision or regulation by
150-9 any state agency or other local governmental entity.
150-10 (d) Tolls and other revenue derived from a turnpike project
150-11 or system for which bonds are issued, except the part necessary to
150-12 pay the cost of maintenance, repair, and operation and to provide
150-13 reserves for those costs as may be provided in the bond
150-14 proceedings, shall be set aside at regular intervals as may be
150-15 provided in the bond resolution or trust agreement in a sinking
150-16 fund that is pledged to and charged with the payment of:
150-17 (1) interest on the bonds as it becomes due;
150-18 (2) principal of the bonds as it becomes due;
150-19 (3) necessary charges of paying agents for paying
150-20 principal and interest; and
150-21 (4) the redemption price or the purchase price of
150-22 bonds retired by call or purchase as provided by the bond
150-23 proceedings.
150-24 (e) Use and disposition of money to the credit of the
150-25 sinking fund is subject to the bond proceedings.
151-1 (f) To the extent permitted under the applicable bond
151-2 proceedings, revenue from one turnpike project of an authority may
151-3 be used to pay the cost of other turnpike projects of the
151-4 authority.
151-5 (g) An authority may not use revenue from its turnpike
151-6 projects in a manner not authorized by this chapter. Revenue
151-7 generated from a turnpike project may not be applied for a purpose
151-8 or to pay a cost other than a cost or purpose that is reasonably
151-9 related to or anticipated to be for the benefit of a turnpike
151-10 project.
151-11 Sec. 366.174. AUTHORITY REVOLVING FUND. (a) An authority
151-12 may maintain a revolving fund to be held in trust by a banking
151-13 institution chosen by the authority separate from any other funds
151-14 and administered by the authority's board.
151-15 (b) An authority may transfer into its revolving fund money
151-16 from any permissible source, including:
151-17 (1) money from a turnpike project if the transfer does
151-18 not diminish the money available for the project or the system, if
151-19 any, of which it is a part to less than an amount required to be
151-20 retained by the bond proceedings pertaining to the project or
151-21 system;
151-22 (2) money received by the authority from any source
151-23 and not otherwise committed, including money from the transfer of a
151-24 turnpike project or system or sale of authority assets;
151-25 (3) advances authorized under Section 52-b, Article
152-1 III, Texas Constitution; and
152-2 (4) contributions, loans, grants, or assistance from
152-3 the United States, another state, a political subdivision of this
152-4 state, a foreign governmental entity, including the United Mexican
152-5 States or a state of the United Mexican States, a local
152-6 governmental entity, any private enterprise, or any person.
152-7 (c) The authority may use money in the revolving fund to:
152-8 (1) finance the acquisition, construction,
152-9 maintenance, or operation of a turnpike project or system,
152-10 including the extension, expansion, or improvement of a project or
152-11 system;
152-12 (2) provide matching money required in connection with
152-13 any federal, state, local, or private aid, grant, or other funding,
152-14 including aid or funding by or with public-private partnerships;
152-15 (3) provide credit enhancement either directly or
152-16 indirectly for bonds issued to acquire, construct, extend, expand,
152-17 or improve a turnpike project or system;
152-18 (4) provide security for or payment of future or
152-19 existing debt for the design, acquisition, construction, operation,
152-20 maintenance, extension, expansion, or improvement of a turnpike
152-21 project or system;
152-22 (5) borrow money and issue promissory notes or other
152-23 indebtedness payable out of the revolving fund for any purpose
152-24 authorized by this chapter; and
152-25 (6) provide for any other reasonable purpose that
153-1 assists in the financing of an authority as authorized by this
153-2 chapter.
153-3 (d) Money spent or advanced from the revolving fund for a
153-4 turnpike project or system must be reimbursed from the money of
153-5 that turnpike project or system, and there must be a reasonable
153-6 expectation of such repayment at the time of authorization.
153-7 Sec. 366.175. USE OF SURPLUS REVENUE. The board of an
153-8 authority may by resolution authorize the use of surplus revenue of
153-9 a turnpike project or system to pay the costs of another turnpike
153-10 project or system other than a project financed under Subchapter G.
153-11 The board may in the resolution prescribe terms for the use of the
153-12 revenue, including the pledge of the revenue, but may not take an
153-13 action under this section that violates, impairs, or is
153-14 inconsistent with a bond resolution, trust agreement, or indenture
153-15 governing the use of the surplus revenue.
153-16 Sec. 366.176. EXEMPTION FROM TAXATION OR ASSESSMENT.
153-17 (a) An authority is exempt from taxation of or assessments on:
153-18 (1) a turnpike project or system;
153-19 (2) property the authority acquires or uses under this
153-20 chapter; or
153-21 (3) income from property described by Subdivision (1)
153-22 or (2).
153-23 (b) An authority is exempt from payment of development fees,
153-24 utility connection fees, assessments, and service fees imposed or
153-25 assessed by a county, municipality, road and utility district,
154-1 river authority, any other state or local governmental entity, or
154-2 any property owners' or homeowners' association.
154-3 Sec. 366.177. ACTIONS AFFECTING EXISTING ROADS. (a) An
154-4 authority may impose a toll for transit over an existing free road,
154-5 street, or public highway transferred to the authority under this
154-6 chapter.
154-7 (b) An authority may construct a grade separation at an
154-8 intersection of a turnpike project with a railroad or highway and
154-9 change the line or grade of a highway to accommodate the design of
154-10 the grade separation. The action may not affect a segment of the
154-11 state highway system without the department's consent. The
154-12 authority shall pay the cost of a grade separation and any damage
154-13 incurred in changing a line or grade of a railroad or highway as
154-14 part of the cost of the turnpike project.
154-15 (c) If feasible, an authority shall provide access to
154-16 properties previously abutting a county or other public road that
154-17 is taken for a turnpike project and shall pay abutting property
154-18 owners the expenses or any resulting damages for a denial of access
154-19 to the road.
154-20 Sec. 366.178. FAILURE OR REFUSAL TO PAY TOLL. (a) A motor
154-21 vehicle other than a police or emergency vehicle that passes
154-22 through a toll collection facility, whether driven or towed, shall
154-23 pay the proper toll.
154-24 (b) A person who fails or refuses to pay a toll provided for
154-25 the use of a project is liable for a fine not to exceed $250, plus
155-1 an administrative fee incurred in connection with the violation.
155-2 (c) If a person fails to pay the proper toll:
155-3 (1) on issuance of a notice of nonpayment, the
155-4 registered owner of the nonpaying vehicle shall pay both the proper
155-5 toll and the administrative fee; and
155-6 (2) an authority may charge an administrative fee of
155-7 not more than $100 to recover the cost of collecting the unpaid
155-8 toll.
155-9 (d) Notice of nonpayment under Subsection (c)(1) shall be
155-10 sent by first-class mail and may not require payment of the proper
155-11 toll and the administrative fee before the 30th day after the date
155-12 the notice is mailed. The registered owner shall pay a separate
155-13 toll and administrative fee for each nonpayment.
155-14 (e) If the registered owner of the vehicle fails to pay the
155-15 proper toll and administrative fee in the time specified by the
155-16 notice, the owner shall be cited as for other traffic violations as
155-17 provided by law, and the owner shall pay a fine of not more than
155-18 $250 for each nonpayment.
155-19 (f) In the prosecution of a violation for nonpayment, proof
155-20 that the vehicle passed through a toll collection facility without
155-21 payment of the proper toll together with proof that the defendant
155-22 was the registered owner or the driver of the vehicle when the
155-23 failure to pay occurred, establishes the nonpayment of the
155-24 registered owner. The proof may be by testimony of a peace officer
155-25 or authority employee, video surveillance, or any other reasonable
156-1 evidence.
156-2 (g) The court of the local jurisdiction in which the
156-3 violation occurs may assess and collect the fine in addition to any
156-4 court costs. The court shall collect the proper toll and
156-5 administrative fee and forward the toll and fee to the authority.
156-6 (h) It is a defense to nonpayment under this section that
156-7 the motor vehicle in question was stolen before the failure to pay
156-8 the proper toll occurred and was not recovered by the time of the
156-9 failure to pay, but only if the theft was reported to the
156-10 appropriate law enforcement authority before the earlier of:
156-11 (1) the occurrence of the failure to pay; or
156-12 (2) eight hours after the discovery of the theft.
156-13 (i) A registered owner who is the lessor of a vehicle for
156-14 which a notice of nonpayment has been issued is not liable if, not
156-15 later than the 30th day after the date the notice of nonpayment is
156-16 mailed, the registered owner provides to the authority a copy of
156-17 the lease agreement covering the vehicle on the date of the
156-18 nonpayment. The name and address of the lessee must be clearly
156-19 legible. If the lessor timely provides the required information,
156-20 the lessee of the vehicle on the date of the violation is
156-21 considered to be the owner of the vehicle for purposes of this
156-22 section. The lessee is subject to prosecution for failure to pay
156-23 the proper toll if the authority sends a notice of nonpayment to
156-24 the lessee by first-class mail not later than the 30th day after
156-25 the date of the receipt of the information from the lessor.
157-1 Sec. 366.179. USE AND RETURN OF TRANSPONDERS. (a) For
157-2 purposes of this section, a transponder is a device placed on or
157-3 within an automobile that is capable of transmitting or receiving
157-4 information used to assess or collect tolls. A transponder is
157-5 insufficiently funded if there is no money in the account for which
157-6 the transponder was issued.
157-7 (b) Any law enforcement or peace officer of an entity with
157-8 which an authority has contracted under Section 366.182(c) may
157-9 seize a stolen or insufficiently funded transponder and return it
157-10 to the authority that issued the transponder. An insufficiently
157-11 funded transponder may not be seized before the 30th day after the
157-12 date that an authority has sent a notice of delinquency to the
157-13 holder of the account.
157-14 (c) The following entities shall consider offering motor
157-15 vehicle operators the option of using a transponder to pay tolls
157-16 without stopping, to mitigate congestion at toll locations, to
157-17 enhance traffic flow, and to otherwise increase the efficiency of
157-18 operations:
157-19 (1) the authority;
157-20 (2) an entity to which a project authorized by this
157-21 chapter is transferred; or
157-22 (3) a third party service provider under contract with
157-23 an entity described by Subdivision (1) or (2).
157-24 Sec. 366.180. CONTROLLED ACCESS TO TURNPIKE PROJECTS.
157-25 (a) An authority may designate a turnpike project or a portion of
158-1 a project as a controlled-access toll road.
158-2 (b) An authority by order may:
158-3 (1) prohibit the use of or access to or from a
158-4 turnpike project by a motor vehicle, bicycle, other vehicle, or a
158-5 pedestrian;
158-6 (2) deny access to or from:
158-7 (A) its turnpike projects;
158-8 (B) real property adjacent to its turnpike
158-9 projects; or
158-10 (C) a street, road, alley, highway, or other
158-11 public or private way intersecting its turnpike projects;
158-12 (3) designate locations on its turnpike projects at
158-13 which access to or from the toll road is permitted;
158-14 (4) control, restrict, and determine the type and
158-15 extent of access permitted at a designated location of access to
158-16 the turnpike projects; or
158-17 (5) erect appropriate protective devices to preserve
158-18 the utility, integrity, and use of its turnpike projects.
158-19 (c) Denial of access to or from a segment of the state
158-20 highway system is subject to the approval of the commission.
158-21 Sec. 366.181. PROMOTION OF TOLL ROADS. An authority may
158-22 promote the use of its turnpike projects by appropriate means,
158-23 including advertising or marketing as the authority determines
158-24 appropriate.
158-25 Sec. 366.182. OPERATION OF TURNPIKE PROJECT. (a) An
159-1 authority shall operate its turnpike projects through a force of
159-2 toll-takers and other employees of the authority or through
159-3 services contracted under Subsection (b) or (c).
159-4 (b) An authority may enter into an agreement with one or
159-5 more persons to provide, on terms and conditions approved by the
159-6 authority, personnel and services to design, construct, operate,
159-7 maintain, expand, enlarge, or extend the authority's turnpike
159-8 projects.
159-9 (c) An authority may contract with any state or local
159-10 governmental entity for the services of peace officers of that
159-11 agency.
159-12 Sec. 366.183. AUDIT. An authority shall have a certified
159-13 public accountant audit the authority's books and accounts at least
159-14 annually. The cost of the audit may be treated as part of the cost
159-15 of construction or operation of a turnpike project.
159-16 Sec. 366.184. DISADVANTAGED BUSINESSES. (a) Consistent
159-17 with general law, an authority shall:
159-18 (1) set goals for the award of contracts to
159-19 disadvantaged businesses and attempt to meet the goals;
159-20 (2) attempt to identify disadvantaged businesses that
159-21 provide or have the potential to provide supplies, materials,
159-22 equipment, or services to the authority; and
159-23 (3) give disadvantaged businesses full access to the
159-24 authority's contract bidding process, inform the businesses about
159-25 the process, offer the businesses assistance concerning the
160-1 process, and identify barriers to the businesses' participation in
160-2 the process.
160-3 (b) This section does not exempt an authority from
160-4 competitive bidding requirements provided by other law.
160-5 Sec. 366.185. COMPETITIVE BIDDING. (a) A contract made by
160-6 an authority that requires the expenditures of public funds for the
160-7 construction or maintenance of a turnpike project must be let by a
160-8 competitive bidding procedure in which the contract is awarded to
160-9 the lowest responsible bidder that complies with the authority's
160-10 criteria.
160-11 (b) The authority shall adopt rules governing the award of
160-12 contracts through competitive bidding.
160-13 (Sections 366.186-366.250 reserved for expansion
160-14 SUBCHAPTER F. GOVERNANCE
160-15 Sec. 366.251. BOARD OF DIRECTORS. (a) An authority is
160-16 governed by a board of directors.
160-17 (b) The commissioners court of each county of the authority
160-18 shall appoint one director to serve on the board. The governor
160-19 shall appoint three directors to serve on the board.
160-20 (c) Directors shall be divided into two groups. To the
160-21 greatest degree possible, each group shall contain an equal number
160-22 of directors. Directors shall serve terms of two years, except
160-23 that one group of directors of the initial board of an authority
160-24 shall serve for a term of one year.
160-25 (d) Two directors appointed by the governor must have
161-1 resided in a county of the authority for at least one year before
161-2 the person's appointment. One director appointed by the governor
161-3 must have resided in a county adjacent to a county of the authority
161-4 for at least one year before the person's appointment. Each
161-5 director appointed by a commissioners court must have resided in
161-6 that county for at least one year before the person's appointment.
161-7 (e) All appointments to the board shall be made without
161-8 regard to disability, sex, religion, age, or national origin. In
161-9 making appointments under this section, the governor shall attempt
161-10 to create a board that is representative of the diversity of the
161-11 authority.
161-12 (f) An elected official is not eligible to serve as a
161-13 director.
161-14 (g) A vacancy in a position shall be filled promptly by the
161-15 entity that made the appointment.
161-16 (h) Each director has equal status and may vote.
161-17 (i) The board of an authority shall select one director as
161-18 the presiding officer of the board to serve in that capacity until
161-19 the person's term as a director expires. The board shall elect one
161-20 director as assistant presiding officer. The board shall select a
161-21 secretary and treasurer, neither of whom need be a director.
161-22 (j) The vote of a majority attending a board meeting is
161-23 necessary for any action taken by the board. If a vacancy exists
161-24 on a board, the majority of directors serving on the board is a
161-25 quorum.
162-1 Sec. 366.252. CONFLICT OF INTEREST. (a) A person is not
162-2 eligible to serve on the board of an authority if the person or the
162-3 person's spouse:
162-4 (1) is registered, certified, or licensed by an
162-5 occupational regulatory agency in the field of toll road
162-6 construction, maintenance, or operation;
162-7 (2) is employed by or participates in the management
162-8 of a business entity or other organization regulated by the
162-9 authority or receiving money from the authority;
162-10 (3) owns or controls, directly or indirectly, more
162-11 than a 10 percent interest in a business entity or other
162-12 organization regulated by or receiving money from the authority,
162-13 other than compensation for acquisition of turnpike right-of-way;
162-14 (4) uses or receives a substantial amount of tangible
162-15 goods, services, or money from the authority, other than
162-16 compensation or reimbursement authorized by law for board
162-17 membership, attendance, or expenses, or for compensation for
162-18 acquisition of turnpike right-of-way;
162-19 (5) is an officer, employee, or paid consultant of a
162-20 Texas trade association in the field of road construction,
162-21 maintenance, or operation; or
162-22 (6) is required to register as a lobbyist under
162-23 Chapter 305, Government Code, because of the person's activities
162-24 for compensation on behalf of a profession related to the operation
162-25 of the authority.
163-1 (b) A person may not act as the general counsel to an
163-2 authority if the person is required to register as a lobbyist under
163-3 Chapter 305, Government Code, because of the person's activities
163-4 for compensation on behalf of a profession related to the operation
163-5 of the authority.
163-6 (c) In this section, "Texas trade association" means a
163-7 nonprofit, cooperative, and voluntarily joined association of
163-8 business or professional competitors in this state designed to
163-9 assist its members and its industry or profession in dealing with
163-10 mutual business or professional problems and in promoting their
163-11 common interests.
163-12 Sec. 366.253. SURETY BONDS. (a) Before beginning a term,
163-13 each director shall execute a surety bond in the amount of $25,000,
163-14 and the secretary and treasurer shall execute a surety bond in the
163-15 amount of $50,000.
163-16 (b) Each surety bond must be:
163-17 (1) conditioned on the faithful performance of the
163-18 duties of office;
163-19 (2) executed by a surety company authorized to
163-20 transact business in this state; and
163-21 (3) filed with the secretary of state's office.
163-22 (c) The authority shall pay the expense of the bonds.
163-23 Sec. 366.254. REMOVAL OF DIRECTOR. (a) It is a ground for
163-24 removal of a director from the board if the director:
163-25 (1) did not have at the time of appointment the
164-1 qualifications required by Section 366.251(d);
164-2 (2) whether at the time of appointment or at any time
164-3 during the director's term, is ineligible under Section 366.251(f)
164-4 or 366.252 to serve as a director;
164-5 (3) cannot discharge the director's duties for a
164-6 substantial part of the term for which the director is appointed
164-7 because of illness or disability; or
164-8 (4) is absent from more than half of the regularly
164-9 scheduled board meetings that the director is eligible to attend
164-10 during a calendar year.
164-11 (b) The validity of an action of the board is not affected
164-12 by the fact that it is taken when a ground for removal of a
164-13 director exists.
164-14 (c) If the administrative head of the authority has
164-15 knowledge that a potential ground for removal exists, that person
164-16 shall notify the presiding officer of the board of the ground. The
164-17 presiding officer shall then notify the person that appointed the
164-18 director that a potential ground for removal exists.
164-19 Sec. 366.255. COMPENSATION OF DIRECTOR. Each director is
164-20 entitled to reimbursement for the director's actual expenses
164-21 necessarily incurred in the performance of the director's duties.
164-22 A director is not entitled to any additional compensation for the
164-23 director's services.
164-24 Sec. 366.256. EVIDENCE OF AUTHORITY ACTIONS. Actions of an
164-25 authority are the actions of its board and may be evidenced in any
165-1 legal manner, including a board resolution.
165-2 Sec. 366.257. PUBLIC ACCESS. An authority shall:
165-3 (1) make and implement policies that provide the
165-4 public with a reasonable opportunity to appear before the board to
165-5 speak on any issue under the jurisdiction of the authority; and
165-6 (2) prepare and maintain a written plan that describes
165-7 how an individual who does not speak English or who has a physical,
165-8 mental, or developmental disability may be provided reasonable
165-9 access to the authority's programs.
165-10 Sec. 366.258. INDEMNIFICATION. (a) An authority may
165-11 indemnify one or more of its directors or officers for necessary
165-12 expenses and costs, including attorney's fees, incurred by the
165-13 directors or officers in connection with any claim asserted against
165-14 the directors or officers in their respective capacities as
165-15 directors or officers.
165-16 (b) If an authority does not fully indemnify a director or
165-17 officer as provided by Subsection (a), the court in a proceeding in
165-18 which any claim against the director or officer is asserted or any
165-19 court with jurisdiction of an action instituted by the director or
165-20 officer on a claim for indemnity may assess indemnity against the
165-21 authority, its receiver, or trustee only if the court finds that,
165-22 in connection with the claim, the director or officer is not guilty
165-23 of negligence or misconduct.
165-24 (c) A court may not assess indemnity under Subsection (b)
165-25 for an amount paid by the director or officer to the authority.
166-1 (d) This section applies to a current or former director or
166-2 officer of the authority.
166-3 Sec. 366.259. PURCHASE OF LIABILITY INSURANCE. (a) An
166-4 authority shall insure its officers and employees from liability
166-5 arising from the use, operation, or maintenance of equipment that
166-6 is used or may be used in connection with the laying out,
166-7 construction, or maintenance of the authority's turnpike projects.
166-8 (b) Insurance coverage under this section must be provided
166-9 by the purchase of a policy of liability insurance from a reliable
166-10 insurance company authorized to do business in this state. The
166-11 form of the policy must be approved by the commissioner of
166-12 insurance.
166-13 (c) This section is not a waiver of immunity of the
166-14 authority or the counties in an authority from liability for the
166-15 torts or negligence of an officer or employee of an authority.
166-16 (d) In this section, "equipment" includes an automobile,
166-17 motor truck, trailer, aircraft, motor grader, roller, tractor,
166-18 tractor power mower, and other power equipment.
166-19 Sec. 366.260. CERTAIN CONTRACTS AND SALES PROHIBITED.
166-20 (a) A director, agent, or employee of an authority may not:
166-21 (1) contract with the authority; or
166-22 (2) be directly or indirectly interested in:
166-23 (A) a contract with the authority; or
166-24 (B) the sale of property to the authority.
166-25 (b) A person who violates Subsection (a) is liable for a
167-1 civil penalty to the authority not to exceed $1,000.
167-2 Sec. 366.261. STRATEGIC PLANS AND ANNUAL REPORTS. (a) An
167-3 authority shall make a strategic plan for its operations. A
167-4 majority of the commissioners courts of the counties composing the
167-5 authority shall by concurrent resolution determine the types of
167-6 information required to be included in the strategic plan. Each
167-7 even-numbered year, an authority shall issue a plan covering the
167-8 next five fiscal years, beginning with the next odd-numbered fiscal
167-9 year.
167-10 (b) Not later than March 31 of each year, an authority shall
167-11 file with the commissioners court of each county of the authority a
167-12 written report on the authority's activities describing all
167-13 turnpike revenue bond issuances anticipated for the coming year,
167-14 the financial condition of the authority, all project schedules,
167-15 and the status of the authority's performance under the most recent
167-16 strategic plan. At the invitation of a commissioners court of a
167-17 county in the authority, representatives of the board and the
167-18 administrative head of an authority shall appear before the
167-19 commissioners court to present the report and receive questions and
167-20 comments.
167-21 (c) The authority shall give notice to the commissioners
167-22 court of each county of the authority not later than the 90th day
167-23 before the date of issuance of revenue bonds.
167-24 Sec. 366.262. MEETINGS BY TELEPHONE CONFERENCE CALL.
167-25 (a) Chapter 551, Government Code, does not prohibit any open or
168-1 closed meeting of the board, a committee of the board, or the
168-2 staff, or any combination of the board or staff, from being held by
168-3 telephone conference call.
168-4 (b) A telephone conference call meeting is subject to the
168-5 notice requirements applicable to other meetings.
168-6 (c) Notice of a telephone conference call meeting that by
168-7 law must be open to the public must specify the location of the
168-8 meeting. The location must be a conference room of the authority
168-9 or other facility in a county of the authority that is accessible
168-10 to the public.
168-11 (d) Each part of the telephone conference call meeting that
168-12 by law must be open to the public shall be audible to the public at
168-13 the location specified in the notice and shall be tape-recorded or
168-14 documented by written minutes. On conclusion of the meeting, the
168-15 tape recording or the written minutes of the meeting shall be made
168-16 available to the public.
168-17 (Sections 366.263-366.300 reserved for expansion
168-18 SUBCHAPTER G. AID FOR REGIONAL TURNPIKE PROJECTS
168-19 Sec. 366.301. DEPARTMENT CONTRIBUTIONS TO TURNPIKE PROJECTS.
168-20 (a) To the extent permitted by the Texas Constitution, the
168-21 department may agree with an authority to provide for or contribute
168-22 to the payment of costs of financial or engineering and traffic
168-23 feasibility studies and the design, financing, acquisition,
168-24 construction, operation, or maintenance of a turnpike project or
168-25 system on terms agreed on by the commission or department, as
169-1 applicable, and the authority. The agreement may not be
169-2 inconsistent with the rights of the bondholders or persons
169-3 operating the turnpike project under a lease or other contract.
169-4 (b) The department may use its engineering and other
169-5 personnel, including consulting engineers and traffic engineers, to
169-6 conduct feasibility studies under Subsection (a).
169-7 (c) An obligation or expense incurred by the commission or
169-8 department under this section is a part of the cost of the turnpike
169-9 project for which the obligation or expense was incurred. Money
169-10 from the state highway fund spent under this section must be repaid
169-11 from tolls or other revenue of the turnpike project or system on
169-12 which the money from the state highway fund was expended.
169-13 (d) The commission or department may use federal money for
169-14 any purpose described by this chapter.
169-15 Sec. 366.302. AGREEMENTS TO CONSTRUCT, MAINTAIN, AND OPERATE
169-16 TURNPIKE PROJECTS. (a) An authority may enter into an agreement
169-17 with a public or private entity, including a toll road corporation,
169-18 the United States, a state of the United States, the United Mexican
169-19 States, a state of the United Mexican States, a local governmental
169-20 entity, or another political subdivision, to permit the entity,
169-21 jointly with the authority, to study the feasibility of a turnpike
169-22 project or system or to acquire, design, finance, construct,
169-23 maintain, repair, operate, extend, or expand a turnpike project or
169-24 system.
169-25 (b) An authority has broad discretion to negotiate
170-1 provisions in a development agreement with a private entity. The
170-2 provisions may include provisions relating to:
170-3 (1) the design, financing, construction, maintenance,
170-4 and operation of a turnpike project or system in accordance with
170-5 standards adopted by the authority; and
170-6 (2) professional and consulting services to be
170-7 rendered under standards adopted by the authority in connection
170-8 with a turnpike project or system.
170-9 (c) An authority may not incur a financial obligation on
170-10 behalf of, or otherwise guarantee the obligations of, a private
170-11 entity that constructs, maintains, or operates a turnpike project
170-12 or system.
170-13 (d) An authority or a county in an authority is not liable
170-14 for any financial or other obligation of a turnpike project solely
170-15 because a private entity constructs, finances, or operates any part
170-16 of a turnpike project or system.
170-17 (e) An authority may authorize the investment of public and
170-18 private money, including debt and equity participation, to finance
170-19 a function described by this section.
170-20 Sec. 366.303. AGREEMENTS BETWEEN AUTHORITY AND LOCAL
170-21 GOVERNMENTAL ENTITIES. (a) A local governmental entity other than
170-22 a nonprofit corporation may, consistent with the Texas
170-23 Constitution, issue bonds or enter into and make payments under
170-24 agreements with an authority to acquire, construct, maintain, or
170-25 operate a turnpike project or system. The entity may levy and
171-1 collect taxes to pay the interest on the bonds and to provide a
171-2 sinking fund for the redemption of the bonds.
171-3 (b) In addition to the powers provided by Subsection (a), a
171-4 local governmental entity may, within any applicable constitutional
171-5 limitations, agree with an authority to issue bonds or enter into
171-6 and make payments under an agreement to acquire, construct,
171-7 maintain, or operate any portion of a turnpike project or system of
171-8 that authority.
171-9 (c) To make payments under an agreement under Subsection
171-10 (b), to pay the interest on bonds issued under Subsection (b), or
171-11 to provide a sinking fund for the bonds or the contract, a local
171-12 governmental entity may:
171-13 (1) pledge revenue from any available source,
171-14 including annual appropriations;
171-15 (2) levy and collect taxes; or
171-16 (3) provide for a combination of Subdivisions (1) and
171-17 (2).
171-18 (d) The term of an agreement under this section may not
171-19 exceed 40 years.
171-20 (e) Any election required to permit action under this
171-21 subchapter must be held in conformity with Chapter 1, Title 22,
171-22 Revised Statutes, or other law applicable to the local governmental
171-23 entity.
171-24 Sec. 366.304. ADDITIONAL AGREEMENTS OF AUTHORITY. An
171-25 authority may enter into any agreement necessary or convenient to
172-1 achieve the purposes of this subchapter.
172-2 SECTION 7.25. Subchapter F, Chapter 411, Government Code, is
172-3 amended by adding Section 411.132 to read as follows:
172-4 Sec. 411.132. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
172-5 REGIONAL TOLLWAY AUTHORITIES. (a) A regional tollway authority
172-6 governed by Chapter 366, Transportation Code, is entitled to obtain
172-7 from the department criminal history record information maintained
172-8 by the department that pertains to a person who is:
172-9 (1) employed by the regional tollway authority; or
172-10 (2) an applicant for employment with the regional
172-11 tollway authority.
172-12 (b) Criminal history record information obtained under
172-13 Subsection (a) may not be released or disclosed to any person
172-14 except in a criminal proceeding, in a hearing conducted by the
172-15 regional tollway authority, on court order, or with the consent of
172-16 the person who is the subject of the criminal history record
172-17 information.
172-18 SECTION 7.26. (a) Notwithstanding Section 366.031,
172-19 Transportation Code, as added by this Act, the North Texas Tollway
172-20 Authority is established as a regional tollway authority under
172-21 Chapter 366, Transportation Code, as added by this Act.
172-22 (b) The North Texas Tollway Authority consists of all
172-23 territory in Collin, Dallas, Denton, and Tarrant counties. The
172-24 operations of the authority may extend to other counties as
172-25 permitted under Section 366.161, Transportation Code, as added by
173-1 this Act, and the jurisdiction of the authority may be expanded to
173-2 include other counties under Section 366.031, Transportation Code,
173-3 as added by this Act. As of the effective date of this Act, Cooke,
173-4 Ellis, Fannin, Grayson, Hunt, Johnson, Kaufman, Parker, Rockwall,
173-5 and Wise counties are the only counties that meet the geographical
173-6 qualifications for future inclusion in the North Texas Tollway
173-7 Authority.
173-8 (c) Notwithstanding Section 366.251, Transportation Code, as
173-9 added by this Act, the initial board of directors of the North
173-10 Texas Tollway Authority is composed of nine directors as follows:
173-11 (1) three directors appointed by the governor, two of
173-12 whom must have resided in a county of the authority for at least
173-13 one year before the person's appointment and one of whom must have
173-14 resided in Parker County, Ellis County, or Johnson County for at
173-15 least one year before the person's appointment;
173-16 (2) one director appointed by the commissioners court
173-17 of each county in the authority; and
173-18 (3) the county judges of two of the counties of the
173-19 authority, as agreed by a majority of the county judges of the
173-20 authority.
173-21 (d) The terms of the initial directors of the North Texas
173-22 Tollway Authority begin on September 1, 1997. The county judges
173-23 serving as initial directors shall each serve a one-year term. At
173-24 the expiration of that term, the seats held by the county judges
173-25 are not refilled, and the number of directors composing the board
174-1 is reduced to seven but may be increased if additional counties
174-2 join the authority.
174-3 (e) One of the directors of the North Texas Tollway
174-4 Authority appointed to the initial board by the governor serves a
174-5 one-year term. Each successor to that director shall be appointed
174-6 by the governor for a two-year term.
174-7 (f) The two directors appointed to the initial board of the
174-8 North Texas Tollway Authority by the commissioners courts of the
174-9 counties whose county judges serve as initial directors each serve
174-10 a one-year term. Each successor to those directors shall be
174-11 appointed for a two-year term. The remaining initial directors
174-12 serve two-year terms.
174-13 (g) The North Texas Tollway Authority shall, within a
174-14 reasonable time after the effective date of this Act, perform and
174-15 adequately fund a feasibility study for the construction of the
174-16 Trinity Parkway in the southern part of Dallas County.
174-17 SECTION 7.27. Subsection (b), Section 365.013,
174-18 Transportation Code, is amended to read as follows:
174-19 (b) A district may not construct a toll structure within two
174-20 miles of the intersection of the toll road and a federal highway
174-21 unless the toll structure is located in a county with a population
174-22 of more than 2.1 million or a county adjacent to a county with a
174-23 population of more than 2.1 million.
174-24 SECTION 7.28. If the Texas Department of Transportation is
174-25 authorized to construct an intermodal toll road inclusive of a
175-1 freight rail line that is to be part of the state highway system:
175-2 (1) in selecting the route for an intermodal toll
175-3 road, the department must give consideration to the character of
175-4 the land along the proposed route of the toll road and its
175-5 suitability for particular uses and the impact on neighborhoods,
175-6 schools, and projected future residential subdivisions along the
175-7 proposed route; and
175-8 (2) if the route is to be selected from among more
175-9 than one alternative route, the department must give consideration
175-10 to the character of the land and the impact on neighborhoods,
175-11 schools, and projected future residential subdivisions along each
175-12 alternative route and the suitability of the land for particular
175-13 uses.
175-14 SECTION 7.29. Sections 361.003, 361.038, 361.039, 361.040,
175-15 361.041, 361.044, 361.045, 361.047, 361.048, 361.139, 361.190, and
175-16 361.284, and Subsection (e), Section 361.331, Transportation Code,
175-17 are repealed.
175-18 ARTICLE 8. TRANSITION, EFFECTIVE DATE, AND EMERGENCY
175-19 SECTION 8.01. (a) The Texas Turnpike Authority is abolished
175-20 and the Texas Turnpike Authority division of the Texas Department
175-21 of Transportation is created on the effective date of this Act.
175-22 Except as provided by Subsections (b) and (c) of this section, all
175-23 assets, rights, and obligations of the Texas Turnpike Authority are
175-24 transferred to the division.
175-25 (b) The North Texas Tollway Authority shall succeed to all
176-1 assets, rights, and other property of the Texas Turnpike Authority
176-2 located in Collin, Dallas, Denton, or Tarrant County, including all
176-3 assets and rights that relate to the Dallas North Tollway, the
176-4 Addison Airport Toll Tunnel, the President George Bush Turnpike,
176-5 the Mountain Creek Lake Bridge, all existing and proposed
176-6 extensions to those projects, the Texas Turnpike Authority
176-7 administration building, and all other facilities, improvements,
176-8 leaseholds, funds, accounts, and investments related to a project
176-9 listed in this subsection.
176-10 (c) The North Texas Tollway Authority shall assume and
176-11 become liable for all duties and obligations of the Texas Turnpike
176-12 Authority related to the assets, rights, and properties transferred
176-13 under Subsection (b) of this section, including contracts and bonds
176-14 secured by the revenues of the assets. The North Texas Tollway
176-15 Authority is obligated to comply with all the assumed obligations
176-16 to the same extent as the Texas Turnpike Authority.
176-17 (d) An employee of the Texas Turnpike Authority may elect to
176-18 become an employee of either the Texas Turnpike Authority division
176-19 of the Texas Department of Transportation or the North Texas
176-20 Tollway Authority on the effective date of this Act, subject to the
176-21 employment openings and requirements of those entities.
176-22 (e) A rule or regulation adopted by the Texas Turnpike
176-23 Authority relating to the operation of a turnpike in Collin,
176-24 Dallas, Denton, or Tarrant County before the effective date of this
176-25 Act that is not inconsistent with this Act remains in effect as a
177-1 rule or regulation of the North Texas Tollway Authority until
177-2 superseded by action of that entity.
177-3 SECTION 8.02. (a) As additional consideration for the
177-4 transfer of the properties described in Subsection (b) of Section
177-5 8.01 of this Act, the North Texas Tollway Authority shall pay to
177-6 the Texas Turnpike Authority division of the Texas Department of
177-7 Transportation a sum determined as provided by Subsection (c) of
177-8 this section with payments to be made as follows:
177-9 (1) one-third of the amount not later than December
177-10 31, 1997;
177-11 (2) one-third of the amount not later than September
177-12 1, 1998; and
177-13 (3) the balance not later than August 31, 1999.
177-14 (b) After December 31, 1997, interest accrues on the unpaid
177-15 portion of amounts owed under Subsection (a) of this section. The
177-16 applicable rate of interest for each quarter of a fiscal year is
177-17 the average rate of return that money in the general revenue fund
177-18 earned in the preceding quarter, as determined by the comptroller
177-19 of public accounts.
177-20 (c) The state auditor's office shall, in consultation with
177-21 the comptroller, conduct an audit of the records of the Texas
177-22 Turnpike Authority. The state auditor may contract with a private
177-23 entity to perform the audit required by this section. The audit
177-24 must identify all funds in the possession of the Texas Turnpike
177-25 Authority that belong to the Texas Turnpike Authority division of
178-1 the Texas Department of Transportation. The audit must be
178-2 completed not later than December 31, 1997, and the authority shall
178-3 make any payment required to the department not later than August
178-4 31, 1999. The payment is the amount determined by the audit to be
178-5 in excess of funds required for compliance with all bond
178-6 resolutions, bond indentures, credit agreements, and all other
178-7 agreements assumed by the authority and that reserves held by the
178-8 authority as required under or in connection with the resolutions,
178-9 indentures, credit agreements, and other agreements are maintained
178-10 at a level consistent with the Texas Turnpike Authority's
178-11 historical practices. In determining the payments to be made under
178-12 this subsection, the state auditor shall ensure that following the
178-13 payment, the authority is in financial compliance with all bond
178-14 resolutions, bond indentures, credit agreements, and all other
178-15 agreements assumed by the authority and that reserves held by the
178-16 authority as required under or in connection with the resolutions,
178-17 indentures, credit agreements, and other agreements are maintained
178-18 at a level consistent with the Texas Turnpike Authority's
178-19 historical practices.
178-20 (d) Not later than October 1, 1997, as additional
178-21 consideration for the transfer of the properties described in
178-22 Subsection (b) of Section 8.01 of this Act, the North Texas Tollway
178-23 Authority shall distribute the proceeds, as determined by
178-24 subtracting the deferred study costs from the assets, of the Texas
178-25 Turnpike Authority feasibility study fund on the effective date of
179-1 this Act as follows:
179-2 (1) all proceeds necessary to pay contract commitments
179-3 for feasibility studies for Laredo Bridge Number IV, Anzalduas
179-4 Bridge, Port of Brownsville Bridge, United States Highway 183A,
179-5 State Highway 45/Loop 1, and State Highway 130, but not less than
179-6 $1.845 million, shall be distributed to the department for deposit
179-7 in the special account created by Subsection (b) of Section 8.06 of
179-8 this Act;
179-9 (2) all proceeds necessary to pay contract commitments
179-10 for feasibility studies other than those listed in Subdivision (1)
179-11 of this subsection that were under contract as of the financial
179-12 statements of the Texas Turnpike Authority on January 31, 1997,
179-13 shall be distributed to the North Texas Tollway Authority; and
179-14 (3) any remaining proceeds shall be distributed to the
179-15 Texas Department of Transportation for deposit in the special
179-16 account created by Subsection (b) of Section 8.06 of this Act.
179-17 SECTION 8.03. The North Texas Tollway Authority is a
179-18 successor agency to the Texas Turnpike Authority for all purposes,
179-19 including for the purpose of Section 52-b, Article III, Texas
179-20 Constitution, concerning all assets, rights, other property,
179-21 duties, and obligations transferred to the authority under
179-22 Subsection (b) of Section 8.01 of this Act. The Texas Department
179-23 of Transportation is a successor to the Texas Turnpike Authority
179-24 for all purposes concerning assets, rights, other property, duties,
179-25 and obligations not transferred to the North Texas Tollway
180-1 Authority under Subsection (b) of Section 8.01 of this Act. Any
180-2 existing agreement by and between the Texas Turnpike Authority and
180-3 the state, the Texas Transportation Commission, the Texas
180-4 Department of Transportation, the Federal Highway Administration,
180-5 the United States Department of Transportation, any other federal
180-6 or state governmental entity, or any local governmental entity that
180-7 pertains to an asset, right, or obligation transferred to the North
180-8 Texas Tollway Authority under this Act is binding on, benefits, and
180-9 is fully enforceable by and against the North Texas Tollway
180-10 Authority as successor to the Texas Turnpike Authority.
180-11 SECTION 8.04. The changes in law made by this Act in the
180-12 qualifications of members of the Texas Transportation Commission or
180-13 the Texas Motor Vehicle Commission do not affect the entitlement of
180-14 a member serving on one of those commissions before September 1,
180-15 1997, to continue to carry out the functions of the commission for
180-16 the remainder of the member's term. The changes in law apply only
180-17 to a member appointed on or after September 1, 1997. This Act does
180-18 not prohibit a person who is a member of the Texas Transportation
180-19 Commission on September 1, 1997, from being reappointed to that
180-20 commission if the person has the qualifications required for a
180-21 member under Chapter 201, Transportation Code, as amended by this
180-22 Act. This Act does not prohibit a person who is a member of the
180-23 Texas Motor Vehicle Commission on September 1, 1997, from being
180-24 reappointed to that commission if the person has the qualifications
180-25 required for a member under the Texas Motor Vehicle Commission Code
181-1 (Article 4413(36), Vernon's Texas Civil Statutes), as amended by
181-2 this Act.
181-3 SECTION 8.05. (a) The governor shall appoint the six
181-4 directors to the board of directors of the Texas Turnpike Authority
181-5 division of the Texas Department of Transportation for initial
181-6 terms as follows: two to serve terms expiring February 15, 1999,
181-7 two to serve terms expiring February 15, 2001, and two to serve
181-8 terms expiring February 15, 2003.
181-9 (b) Until a majority of the board of directors of the Texas
181-10 Turnpike Authority division of the Texas Department of
181-11 Transportation has been appointed and has qualified, the members of
181-12 the board of directors of the Texas Turnpike Authority serving
181-13 immediately before the effective date of this section shall
181-14 exercise the authority granted to the board of directors of the
181-15 Texas Turnpike Authority division of the Texas Department of
181-16 Transportation. When a majority of the members of the board of
181-17 directors of the Texas Turnpike Authority division of the Texas
181-18 Department of Transportation has been appointed and has qualified
181-19 and until all appointees have taken office, a quorum of the board
181-20 is a majority of the number of directors who have qualified.
181-21 SECTION 8.06. (a) The Texas Department of Transportation
181-22 shall remit to the comptroller of public accounts all money and
181-23 other funds received by the department as a result of the abolition
181-24 of the Texas Turnpike Authority and the creation of the Texas
181-25 Turnpike Authority division of the department, including all funds
182-1 payable under Section 8.02 of this article and any money received
182-2 for a feasibility study under Subchapter E, Chapter 361,
182-3 Transportation Code.
182-4 (b) The comptroller of public accounts shall deposit money
182-5 received from the Texas Department of Transportation under this
182-6 section to the credit of a special account in the general revenue
182-7 fund.
182-8 (c) Subsection (a) of this section does not apply to money
182-9 or other funds transferred to the North Texas Tollway Authority.
182-10 SECTION 8.07. This Act takes effect September 1, 1997.
182-11 SECTION 8.08. The importance of this legislation and the
182-12 crowded condition of the calendars in both houses create an
182-13 emergency and an imperative public necessity that the
182-14 constitutional rule requiring bills to be read on three several
182-15 days in each house be suspended, and this rule is hereby suspended.
S.B. No. 370
________________________________ ________________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 370 passed the Senate on
April 21, 1997, by a viva-voce vote; May 24, 1997, Senate refused
to concur in House amendments and requested appointment of
Conference Committee; May 26, 1997, House granted request of the
Senate; June 1, 1997, Senate adopted Conference Committee Report by
a viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 370 passed the House, with
amendments, on May 21, 1997, by a non-record vote; May 26, 1997,
House granted request of the Senate for appointment of Conference
Committee; June 1, 1997, House adopted Conference Committee Report
by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
________________________________
Date
________________________________
Governor