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Amend CSHB 3588 (committee printing) as follows:
(1) In SECTION 11.03 of the bill, in proposed Section
152.0412(e), Transportation Code (page 47, line 66), between
"section" and the period, insert "for the period specified by the
comptroller".
(2) In ARTICLE 11 of the bill, add the following
appropriately numbered section and renumber subsequent sections
accordingly:
SECTION 11 ____. (a) Not later than September 1, 2003, the
Texas Department of Transportation shall:
(1) establish standard presumptive values for motor
vehicles as provided by Section 152.0412, Tax Code, as added by this
Act;
(2) modify the department's vehicle registration and
titling system as needed to include that information and administer
that section; and
(3) make that information available through the system
to all county tax assessor-collectors.
(b) The comptroller shall certify the date on which the
Texas Department of Transportation's registration and title
system, as modified under Subsection (a) of this section, is in use
by the 25 county tax assessor-collectors that remitted to the
comptroller the largest amount of taxes imposed under Chapter 152,
Tax Code, during the state fiscal year ending August 31, 2003.
(c) If the date certified by the comptroller under
Subsection (b) of this section is later than September 23, 2003, the
Texas Department of Transportation shall transfer $8 million from
the state highway fund to the general revenue fund on the first day
of each month after that date until the earlier of:
(1) the date the comptroller issues the certification
under Subsection (b) of this section; or
(2) the date the total amount transferred under this
subsection equals the lesser of:
(A) $200 million; or
(B) the total amount in the state highway fund
that is not allocated as the result of a requirement in the Texas
Constitution.
(d) This section takes effect immediately if this Act
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this section takes effect September 1, 2003.
(3) In SECTION 1.01 of the bill, in proposed Section
227.041, Transportation Code (page 5, between lines 38 and 39),
insert the following:
(d) Section 25.1032(c), Government Code, does not apply to a
condemnation proceeding brought under this subchapter.
(4) In SECTION 2.01 of the bill, in proposed Section
370.163, Transportation Code (page 17, between lines 34 and 35),
insert the following:
(d) Section 25.1032(c), Government Code, does not apply to a
condemnation proceeding brought under this subchapter.
(5) In SECTION 4.01 of the bill, in proposed Section 91.091,
Transportation Code (page 34, between lines 18 and 19), insert the
following:
(d) Section 25.1032(c), Government Code, does not apply to a
condemnation proceeding brought under this subchapter.
(6) In ARTICLE 12 of the bill, add the following
appropriately numbered SECTION and renumber subsequent SECTIONS
appropriately:
SECTION 12 ____. Subchapter D, Chapter 203, Transportation
Code, is amended by adding Section 203.066 to read as follows:
Sec. 203.066. APPLICABILITY OF OTHER LAW. Section
25.1032(c), Government Code, does not apply to a condemnation
proceeding brought under this subchapter.
(7) In SECTION 1.01 of the bill, in proposed Section
227.001, Transportation Code (page 1, lines 49-56), strike
Subdivision (7) and substitute the following:
(7) "Public utility facility" means:
(A) a water, wastewater, natural gas, or
petroleum pipeline or associated equipment;
(B) an electric transmission or distribution
line or associated equipment; or
(C) telecommunications, information services, or
cable television infrastructure or associated equipment, including
fiber optic cable, conduit, and wireless communications equipment.
(8) In SECTION 1.01 of the bill, in proposed Section
227.015, Transportation Code (page 2, lines 62 and 63), strike
proposed Subdivision (2) and substitute the following:
(2) direct the time and manner of construction of a
public utility facility on the Trans-Texas Corridor and direct the
time and manner of construction or operation of any other facility
on the Trans-Texas Corridor.
(9) In SECTION 1.01 of the bill, in proposed Section
227.021(c), Transportation Code (page 3, line 8), strike
"Corridor." and substitute "Corridor; provided, however, the
department shall grant the owner of a public utility facility that
is located on the Trans-Texas Corridor reasonable access to operate
and maintain that owner's public utility facilities."
(10) In SECTION 1.01 of the bill, in proposed Section
227.021, Transportation Code (page 3, lines 11 and 12), strike
Subsection (d) and substitute the following:
(d) The department may construct or contract for the
construction of public utility facilities. However, the department
may not directly or indirectly provide water, wastewater, natural
gas, petroleum pipeline, electric transmission, electric
distribution, telecommunications, information, or cable television
services.
(11) In SECTION 1.01 of the bill, in proposed Section
227.021, Transportation Code (page 3, between lines 12 and 13), add
the following:
(e) Nothing in this chapter, or any contractual right
obtained under a contract with the department authorized by this
chapter, supersedes or renders ineffective any provision of another
law applicable to the owner or operator of a public utility
facility, including any provision of the Utilities Code regarding
licensing, certification, and regulatory jurisdiction of the
Public Utility Commission of Texas or Railroad Commission of Texas.
(12) In SECTION 1.01 of the bill, in proposed Section
227.026(c), Transportation Code (page 4, line 8), strike
"facility." and substitute "facility in the Trans-Texas Corridor;
provided that the department has adopted rules requiring each
common user to avoid damaging any equipment that it does not own or
operate."
(13) In SECTION 1.01 of the bill, in proposed Section
227.027(a), Transportation Code (page 4, at the end of line 11), add
"This subsection does not prohibit an owner of a public utility
facility or a proposed public utility facility from conducting any
necessary environmental evaluation for the public utility
facility. The department is entitled to review and give final
approval regarding the sufficiency of any environmental evaluation
conducted for a facility within the Trans-Texas Corridor."
(14) In SECTION 1.01 of the bill, in proposed Section
227.029(c), Transportation Code (page 4, line 52), strike "This"
and substitute "Except as provided by Subsections (d)-(l), this".
(15) In SECTION 1.01 of the bill, in proposed Section
227.029, Transportation Code (page 4, between lines 54 and 55),
insert the following:
(d) Notwithstanding Subsections (a) and (b), this
subsection and Subsections (e)-(i) govern the relocation of a
public utility facility. If the department determines that a
public utility facility must be relocated, including a relocation
caused by the conversion of any road that is part of the state
highway system to a highway on the Trans-Texas Corridor, the
utility and the department shall negotiate in good faith to
establish reasonable terms and conditions concerning the
responsibilities of the parties with regard to sharing of
information about the project and the planning and implementation
of any necessary relocation of the public utility facility.
(e) The department shall use its best efforts to provide an
affected utility with plans and drawings of the project that are
sufficient to enable the utility to develop plans for, and
determine the cost of, the necessary relocation of the public
utility facilities. If the department and the affected utility
enter into an agreement after negotiations under Subsection (d),
the terms and conditions of the agreement govern the relocation of
each public utility facility covered by the agreement.
(f) If the department and an affected utility do not enter
into an agreement under Subsection (d), the department shall
provide to the affected utility:
(1) written notice of the department's determination
that the public utility facility must be removed;
(2) a final plan for relocation of the public utility
facility; and
(3) reasonable terms and conditions for an agreement
with the utility for the relocation of the public utility facility.
(g) Not later than the 90th day after the date a utility
receives the notice from the department, including the plan and
agreement terms and conditions under Subsection (f), the utility
shall enter into an agreement with the department that provides for
the relocation.
(h) If the utility fails to enter into an agreement within
the 90-day period under Subsection (g), the department may relocate
the public utility facility at the sole cost and expense of the
utility less any reimbursement of costs that would have been
payable to the utility under applicable law. A relocation by the
department under this subsection shall be conducted in full
compliance with applicable law, using standard equipment and
construction practices compatible with the utility's existing
facilities, and in a manner that minimizes disruption of utility
service.
(i) The 90-day period under Subsection (g) may be extended:
(1) by mutual agreement between the department and the
utility; or
(2) for any period during which the utility is
negotiating in good faith with the department to relocate its
facility.
(j) Notwithstanding Subsections (d)-(i), an owner of a
public utility facility is not obligated to relocate its public
utility facility on the Trans-Texas Corridor if it determines that
another location is feasible.
(k) If a public utility facility is relocated on the
Trans-Texas Corridor, the department shall grant the owner
reasonable entry and access to operate and maintain that owner's
public utility facility.
(l) Subject to Subsections (a)-(k), the department, as part
of the cost of the project, shall pay the cost of the relocation,
removal, or grade separation of a public utility facility under
Subsections (d)-(i).
(16) In SECTION 1 of the bill, in proposed Section 227.030,
Transportation Code (page 4, at the end of line 63), add "Any
removal or relocation of a public utility facility is governed by
Sections 227.029(d)-(i) and is not governed by this subsection."
(17) In SECTION 1.01 of the bill, in proposed Section
227.041(a), Transportation Code (page 5, line 6), strike "The
commission" and substitute "Other than real property, a property
right, or a right-of-way used for a public utility facility, the
commission".
(18) In SECTION 1.01 of the bill, in proposed Section
227.046(a), Transportation Code (page 6, lines 7 and 8), strike "A
telecommunications utility or a telecommunications utility" and
substitute "An owner of a public utility facility".
(19) In SECTION 1.01 of the bill, in proposed Section
227.081(f), Transportation Code (page 8, at the end of line 24), add
the following:
The department may not require the owner of a public utility
facility to pay a fee for placing a facility along or within the
Trans-Texas Corridor specifically to provide service to customers
within the Trans-Texas Corridor pursuant to an obligation as a
provider of last resort. The department may not require payment of
a fee for use of the Trans-Texas Corridor by a public utility
facility in existence before the establishment of the Trans-Texas
Corridor or for use by a facility that replaces a facility in
existence before the establishment of the Trans-Texas Corridor
unless the owner of the existing public utility facility relocates
the public utility facility into the Trans-Texas Corridor of its
own volition. For use of the Trans-Texas Corridor by a public
utility facility whose owner places the facility in the Trans-Texas
Corridor of its own volition, the department may charge the owner a
fee as negotiated between the department and the owner. The fee
shall be competitively neutral and nondiscriminatory among
similarly situated owners of public utility facilities.
(20) In SECTION 1.01 of the bill, in proposed Section
227.082(c), Transportation Code (page 8, at the end of line 37), add
"The department may not grant an exclusive license for use of the
Trans-Texas Corridor by an owner of a public utility facility if
that exclusive use is prohibited by other law."
(21) In SECTION 2.01 of the bill, in proposed Section
370.002, Transportation Code (page 9, lines 62-69), strike
Subdivision (9) and substitute the following:
(9) "Public utility facility" means:
(A) a water, wastewater, natural gas, or
petroleum pipeline or associated equipment;
(B) an electric transmission or distribution
line or associated equipment; or
(C) telecommunications, information services, or
cable television infrastructure or associated equipment, including
fiber optic cable, conduit, and wireless communications equipment.
(22) In SECTION 2.01 of the bill, in proposed Section
370.168, Transportation Code (page 18, line 47, through page 19,
line 37), strike Subsections (a) through (g), substitute the
following, and reletter the subsequent subsections accordingly:
(a) An authority may adopt rules for the authority's
approval of the installation, relocation, and removal of a public
utility facility in, on, along, over, or under a transportation
project.
(b) If the authority determines that a public utility
facility located in, on, along, over, or under a transportation
project must be relocated, the utility and the authority shall
negotiate in good faith to establish reasonable terms and
conditions concerning the responsibilities of the parties with
regard to sharing of information about the project and the planning
and implementation of any necessary relocation of the public
utility facility.
(c) The authority shall use its best efforts to provide an
affected utility with plans and drawings of the project that are
sufficient to enable the utility to develop plans for, and
determine the cost of, the necessary relocation of a public utility
facility. If the authority and the affected utility enter into an
agreement after negotiations under Subsection (b), the terms and
conditions of the agreement govern the relocation of each public
utility facility covered by the agreement.
(d) If the authority and an affected utility do not enter
into an agreement under Subsection (b), the authority shall provide
to the affected utility:
(1) written notice of the authority's determination
that the public utility facility must be removed;
(2) a final plan for relocation of the public utility
facility; and
(3) reasonable terms and conditions for an agreement
with the utility for the relocation of the public utility facility.
(e) Not later than the 90th day after the date a utility
receives the notice from the authority, including the plan and
agreement terms and conditions under Subsection (d), the utility
shall enter into an agreement with the authority that provides for
the relocation.
(f) If the utility fails to enter into an agreement within
the 90-day period under Subsection (e), the authority may relocate
the public utility facility at the sole cost and expense of the
utility less any reimbursement of costs that would have been
payable to the utility under applicable law. A relocation by the
authority under this subsection shall be conducted in full
compliance with applicable law, using standard equipment and
construction practices compatible with the utility's existing
facilities, and in a manner that minimizes disruption of utility
service.
(g) The 90-day period under Subsection (e) may be extended:
(1) by mutual agreement between the authority and the
utility; or
(2) for any period during which the utility is
negotiating in good faith with the authority to relocate its
facility.
(h) Subject to Subsections (a)-(g), the authority, as a part
of the cost of the transportation project or the cost of operating
the transportation project, shall pay the cost of the relocation,
removal, or grade separation of a public utility facility under
Subsection (a).
(i) The authority may reduce the total costs to be paid by
the authority under Subsection (h) by 10 percent for each 30-day
period or portion of a 30-day period by which the relocation or
removal exceeds the reasonable limit specified by agreement between
the authority and the owner or operator of the public utility
facility, unless the failure of the owner or operator of the
infrastructure to timely relocate or remove the facility results
directly from:
(1) a material action or inaction of the authority;
(2) an inability of the public utility facility owner
or operator to obtain necessary line clearances to perform the
removal or relocation; or
(3) conditions beyond the reasonable control of the
owner or operator of the facility, including:
(A) an act of God; or
(B) a labor shortage or strike.
(j) The owner or operator of a public utility facility
relocated or removed under Subsection (f) shall reimburse the
authority for the expenses the authority reasonably incurred for
the relocation or removal of the facility, less any costs that would
have been payable to the owner or operator under Subsection (h) had
the owner or operator relocated or removed the facility, except
that the owner or operator is not required to reimburse the
authority if the failure of the owner or operator to timely relocate
or remove the facility was the result of circumstances beyond the
control of the owner or operator.
(k) The laws of this state applicable to the use of public
roads, streets, and waters by a telephone or telegraph corporation
apply to the erection, construction, maintenance, location, and
operation of a line, pole, or other fixture by a telephone or
telegraph corporation over, under, across, on, and along a
transportation project constructed by an authority under this
chapter.
(23) In SECTION 2.01 of the bill, in proposed Section
370.169(a), Transportation Code (page 19, at the end of line 55),
add "Any toll, fee, fare, or other charge imposed on an owner of a
public utility facility under this section must be imposed in a
manner that is competitively neutral and nondiscriminatory among
similarly situated users of the transportation project."
(24) In SECTION 2.01 of the bill, in proposed Section
370.172(b), Transportation Code (page 20, at the end of line 66),
add "This subsection is not applicable to fees or assessments
charged under approved rate schedules or line extension policies of
a municipally owned electric or gas utility."
(25) In SECTION 4.01 of the bill, in proposed Section
91.074(a), Transportation Code (page 33, at the end of line 51), add
"A fee may not be required in connection with the placement,
maintenance, or other use of a public utility facility."
(26) In SECTION 4.01 of the bill, in proposed Section
91.093, Transportation Code (page 34, between lines 42 and 43),
insert the following:
(d) To ensure the safety and convenience of the public, the
department shall, when entering any real property, water, or
premises on which is located a public utility facility:
(1) comply with applicable industry standard safety
codes and practices; and
(2) notwithstanding Subsection (a), give the owner or
operator of the public utility facility not less than 10 days'
notice before entering the real property, water, or premises.
(27) In SECTION 4.01 of the bill, in proposed Section
91.093(b), Transportation Code (page 34, line 38), strike
"Subsection (a)" and substitute "Subsection (a) or (d)".
(28) In SECTION 4.01 of the bill, in proposed Section
91.093(c), Transportation Code (page 34, line 42), strike
"Subsection (a)" and substitute "Subsection (a) or (d)".
(29) In SECTION 4.01 of the bill, in proposed Section
91.105(c), Transportation Code (page 35, line 29), between "state."
and "The", insert "A relocation under this subsection must be
accomplished pursuant to Subsections (e)-(j)."
(30) In SECTION 4.01 of the bill, in proposed Section
91.105(c), Transportation Code (page 35, lines 30 and 31), strike
"if the utility has a compensable property interest in the land
occupied by the facility to be relocated".
(31) In SECTION 4.01 of the bill, in proposed Section
91.105, Transportation Code (page 35, between lines 39 and 40), add
the following:
(e) If the department determines that a public utility
facility must be relocated, the utility and the department shall
negotiate in good faith to establish reasonable terms and
conditions concerning the responsibilities of the parties with
regard to sharing of information about the project and the planning
and implementation of any necessary relocation of a public utility
facility.
(f) The department shall use its best efforts to provide an
affected utility with plans and drawings of the project that are
sufficient to enable the utility to develop plans for, and
determine the cost of, the necessary relocation of the public
utility facility. If the department and the affected utility enter
into an agreement after negotiations under Subsection (e), the
terms and conditions of the agreement govern the relocation of
public utility facilities covered by the agreement.
(g) If the department and an affected utility do not enter
into an agreement under Subsection (e), the department shall
provide to the affected utility:
(1) written notice of the department's determination
that the public utility facility must be removed;
(2) a final plan for relocation of the public utility
facility; and
(3) reasonable terms and conditions for an agreement
with the utility for the relocation of the public utility facility.
(h) Not later than the 90th day after the date a utility
receives the notice from the department, including the plan and
agreement terms and conditions under Subsection (g), the utility
shall enter into an agreement with the department that provides for
the relocation.
(i) If the utility fails to enter into an agreement within
the 90-day period under Subsection (h), the department may relocate
the public utility facility at the sole cost and expense of the
utility less any reimbursement of costs that would have been
payable to the utility under applicable law. A relocation by the
department under this subsection shall be conducted in full
compliance with applicable law, using standard equipment and
construction practices compatible with the utility's existing
facilities, and in a manner that minimizes disruption of utility
service.
(j) The 90-day period under Subsection (h) may be extended:
(1) by mutual agreement between the department and the
utility; or
(2) for any period during which the utility is
negotiating in good faith with the department to relocate its
facility.
(32) Add the following appropriately numbered SECTION to
ARTICLE 12 and renumber subsequent SECTIONS of that ARTICLE
accordingly:
SECTION 12.____. Section 451.362, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (c) to
read as follows:
(a) Notwithstanding other provisions of this chapter and
except as provided by Subsection (c), the board, by order or
resolution, may issue bonds that are secured by revenue or taxes of
the authority if the bonds:
(1) have a term of not more than 12 months; and
(2) are payable only from revenue or taxes received on
or after the date of their issuance and before the end of the fiscal
year following the fiscal year in which the bonds are issued.
(c) In an authority in which the principal municipality has
a population of 1.5 million or more, bonds may have a term of not
more than five years. The bonds are payable only from revenue on
taxes received on or after the date of their issuance.
(33) In SECTION 5.01 of the bill, in proposed Section
222.003(e), Transportation Code (page 36, line 19), strike
"Subsection (c)(4)" and substitute "Subsection (c)(1)(D)".
(34) In SECTION 5.01 of the bill, in proposed Section
222.003(e), Transportation Code (page 36, line 22), strike
"Subsection (c)(4)" and substitute "Subsection (c)(1)(D)".
(35) In SECTION 12.04 of the bill, in amended Section
222.103(h), Transportation Code (page 50, line 47), strike "$800
million" and substitute "$800 million".
(36) In SECTION 1.01 of the bill, in proposed Section
227.041(b)(5), Transportation Code (page 5, lines 29-30), strike
"in ways that" and substitute ", from or for ancillary facilities,
which facilities".
(37) Add the following appropriately numbered ARTICLE and
renumber subsequent ARTICLES accordingly:
ARTICLE ____. STATEWIDE COORDINATION OF
PUBLIC TRANSPORTATION
SECTION ____.01. Subtitle K, Title 6, Transportation Code,
is amended by adding Chapter 461 to read as follows:
CHAPTER 461. STATEWIDE COORDINATION OF
PUBLIC TRANSPORTATION
Sec. 461.001. LEGISLATIVE INTENT AND CONSTRUCTION. (a)
Public transportation services are provided in this state by many
different entities, both public and private. The multiplicity of
public transportation providers and services, coupled with a lack
of coordination between state oversight agencies, has generated
inefficiencies, overlaps in service, and confusion for consumers.
It is the intent of this chapter:
(1) to eliminate waste in the provision of public
transportation services;
(2) to generate efficiencies that will permit
increased levels of service; and
(3) to further the state's efforts to reduce air
pollution.
(b) This chapter shall be liberally construed to achieve its
purposes.
Sec. 461.002. DEFINITIONS. In this chapter:
(1) "Public transportation provider" means any entity
that provides public transportation services if it is a
governmental entity or if it receives financial assistance from a
governmental entity, whether state, local, or federal. The term
does not include private carriers that do not receive financial
assistance from a governmental entity. It also does not include a
person who provides intercity rail or bus service, commercial air
transportation, water transportation, or nonstop service to or from
a point located outside this state. If a person provides both
public transportation services and services that are not public
transportation services, that person is included within the term
only with regard to the provision of public transportation services
and to the extent of those public transportation services.
(2) "Public transportation services" means any
conveyance of passengers and their hand-carried baggage by a
governmental entity or by a private entity if the private entity
receives financial assistance for that conveyance from any
governmental entity. It does not include intercity rail or bus
service, commercial air transportation, water transportation, or
nonstop service to or from a point located outside this state.
Sec. 461.003. RULES OF TEXAS TRANSPORTATION COMMISSION.
(a) The commission by rule may:
(1) require a state agency that is responsible for
ensuring the provision of public transportation services to
contract with the department for the department to assume the
responsibilities of that agency relating to the provision of public
transportation services; and
(2) require a public transportation provider to
provide detailed information on its provision of public
transportation services, including revenues, routes, maps,
categories of passengers served, number of passengers served, and
equipment use and condition.
(b) Except with regard to health and human services programs
funded by this state, the commission may not direct the planning or
operations of an authority created or operating under Chapter 451,
452, 453, or 460.
(c) The commission shall adopt other rules, including rules
defining terms, necessary to implement this chapter.
Sec. 461.004. DUTIES OF TEXAS DEPARTMENT OF
TRANSPORTATION. (a) The department shall identify:
(1) overlaps and gaps in the provision of public
transportation services, including services that could be more
effectively provided by existing, privately funded transportation
resources;
(2) underused equipment owned by public
transportation providers; and
(3) inefficiencies in the provision of public
transportation services by any public transportation provider.
(b) The department may contract with any public or private
transportation provider for the department to arrange for the
provision of public transportation services.
Sec. 461.005. ELIMINATION OF OVERLAPPING SERVICE. (a) To
eliminate waste and maximize efficiency, the department shall
encourage public transportation providers to agree on the
allocation of specific services and service areas among the
providers. The department may incorporate these discussions in
planning processes such as the development of the statewide
transportation improvement program or a local transportation
improvement plan.
(b) If public transportation providers do not reach an
agreement on a service plan under Subsection (a), the department
may develop an interim service plan for that area.
(c) The department may require that all or a percentage of
the vehicles used to provide public transportation services comply
with specified emissions standards. The standards may vary among
geographic areas based on the need of each area to reduce levels of
air pollution. This subsection does not apply to an authority
created under Chapter 451, 452, 453, or 460.
Sec. 461.006. DUTIES OF PUBLIC TRANSPORTATION
PROVIDERS. Each public transportation provider shall cooperate
with the department in eliminating waste and ensuring efficiency
and maximum coverage in the provision of public transportation
services.
Sec. 461.007. INCENTIVES FOR EFFICIENCY. (a)
Notwithstanding any other law, including a law establishing a
formula for the allocation of public transportation grants, the
commission may increase or reduce the amount of a grant made to a
public transportation provider based on whether the public
transportation provider is complying fully with this chapter.
(b) Notwithstanding any other law, the commission may
consider whether a public transportation provider in a geographic
area of this state is complying fully with this chapter in executing
the commission's other responsibilities relating to that area.
SECTION ____.02. Section 455.0015, Transportation Code, is
amended by amending Subsection (b) and adding Subsections (c) and
(d) to read as follows:
(b) It is the intent of the legislature that, whenever
possible, and to the maximum extent feasible, the existing network
of transportation providers, and in particular the fixed route
components of the existing networks, be used to meet the client
transportation requirements of the state's social service agencies
and their agents. The legislature recognizes the contributions of
nonprofit entities dedicated to providing social services and
related activities and encourages the continued community
involvement of these entities in this area. The legislature
likewise recognizes the potential cost savings and other benefits
of utilizing existing private sector transportation resources. The
department will contract with and promote the use of private sector
transportation resources to the maximum extent feasible consistent
with the goals of this subsection.
(c) Each health and human services agency of this state
shall contract with the department for the department to assume all
responsibilities of the health and human services agency relating
to the provision of transportation services for clients of eligible
programs.
(d) The department may contract with any public or private
transportation provider or with any regional transportation broker
for the provision of public transportation services.
SECTION ____.03. Section 455.004, Transportation Code, is
amended to read as follows:
Sec. 455.004. PUBLIC TRANSPORTATION ADVISORY
COMMITTEE. (a) A public transportation advisory committee
consisting of nine members shall:
(1) advise the commission on the needs and problems of
the state's public transportation providers, including the methods
for allocating state public transportation money;
(2) comment on rules involving public transportation
during development of the rules and before the commission finally
adopts the rules unless an emergency requires immediate commission
action; [and]
(3) advise the commission on the implementation of
Chapter 461; and
(4) perform any other duty determined by the
commission.
(b) The commission shall appoint members of the advisory
committee. The membership of the committee shall [governor, the
lieutenant governor, and the speaker of the house of
representatives each shall appoint three members of the committee.
The appointing officers shall allocate among themselves the
authority for appointment of members with different types of
qualifications. The committee must] include:
(1) four members who [one member to] represent a
diverse cross-section of public transportation providers [in rural
areas];
(2) three members who [one member to] represent a
diverse cross-section of transportation users [municipal transit
systems in urban areas with populations of less than 200,000]; and
(3) two members who [one member to represent
metropolitan transit authorities in urban areas with populations of
200,000 or more;
[(4) one member to represent transportation providers
for persons with disabilities and the elderly; and
[(5) five members who have a knowledge of and interest
in public transportation to] represent the general public.
(c) A member serves at the pleasure of the commission
[officer appointing the member]. A member is not entitled to
compensation for service on the committee but is entitled to
reimbursement for reasonable expenses the member incurs in
performing committee duties.
(d) The public transportation advisory committee shall meet
[quarterly or] as requested by the commission.
(e) The commission may adopt rules to govern the operation
of the advisory committee.
SECTION ____.04. Section 461.012, Health and Safety Code,
is amended by adding Subsection (g) to read as follows:
(g) The commission shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the commission relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.05. Section 533.012, Health and Safety Code,
is amended to read as follows:
Sec. 533.012. COOPERATION OF STATE AGENCIES. (a) At the
department's request, all state departments, agencies, officers,
and employees shall cooperate with the department in activities
that are consistent with their functions.
(b) The department shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the department relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.06. Section 22.001, Human Resources Code, is
amended by adding Subsection (e) to read as follows:
(e) The department shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the department relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.07. Section 40.002, Human Resources Code, is
amended by adding Subsection (f) to read as follows:
(f) The department may contract with the Texas Department of
Transportation for the Texas Department of Transportation to assume
all responsibilities of the department relating to the provision of
transportation services for clients of eligible programs.
SECTION ____.08. Section 91.021, Human Resources Code, is
amended by adding Subsection (g) to read as follows:
(g) The commission shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the commission relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.09. Section 101.0256, Human Resources Code, is
amended to read as follows:
Sec. 101.0256. COORDINATED ACCESS TO LOCAL SERVICES. (a)
The department and the Texas Department of Human Services shall
develop standardized assessment procedures to share information on
common clients served in a similar service region.
(b) The department shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the department relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.10. Section 111.0525, Human Resources Code, is
amended by adding Subsection (d) to read as follows:
(d) The commission shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the commission relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.11. Section 301.063, Labor Code, is amended by
adding Subsection (f) to read as follows:
(f) The commission shall contract with the Texas Department
of Transportation for the Texas Department of Transportation to
assume all responsibilities of the commission relating to the
provision of transportation services for clients of eligible
programs.
SECTION ____.12. LEGISLATIVE INTENT REGARDING PROVISION OF
HEALTH AND HUMAN SERVICE TRANSPORTATION THROUGH THE TEXAS
DEPARTMENT OF TRANSPORTATION. It is the intent of the legislature
that the provision of health and human service transportation
through the Texas Department of Transportation will improve the
delivery of transportation services to clients and enhance their
access to transportation services. Furthermore, it is the intent
of the legislature that these services be provided in a manner that
will generate efficiencies in operation, control costs, and permit
increased levels of service. The Texas Department of
Transportation shall encourage cooperation and coordination among
transportation providers, regional transportation brokers, and
actual and potential clients in an effort to achieve the stated
legislative goals.
SECTION ____.13. Any funds that are used by the Texas
Department of Transportation to implement the transportation
services provided in Sections 15.02, 15.04, 15.05, 15.06, 15.07,
15.08, 15.09, 15.10, and 15.11 shall be accounted for and budgeted
separately from other funds appropriated to the Texas Department of
Transportation for any other public transportation program or
budget strategy.
(38) In SECTION 2.01 of the bill, in proposed Section
370.002, Transportation Code (on page 9, between lines 61 and 62),
insert the following subdivision:
(8-A) "Intermodal hub" means a central location where
cargo containers can be easily and quickly transferred between
trucks, trains, and airplanes.
(39) In SECTION 2.01 of the bill, in proposed Section
370.002(13), Transportation Code (on page 10, between lines 27 and
28), insert the following paragraphs and reletter subsequent
paragraphs accordingly:
(F) an intermodal hub;
(G) an automated conveyor belt for the movement
of freight;
(H) a border crossing inspection station;
(40) In SECTION 2.01 of the bill, in proposed Subchapter E,
Chapter 370, Transportation Code (on page 23, between lines 44 and
45), insert:
Sec. 370.186. COMMERCIAL TRANSPORTATION PROCESSING
SYSTEMS. (a) In this section, "port of entry" means a place
designated by executive order of the president of the United
States, by order of the United States secretary of the treasury, or
by act of the United States Congress at which a customs officer is
authorized to accept entries of merchandise, to collect duties, and
to enforce the various provisions of the customs and navigation
laws.
(b) This section applies only to a port of entry for land
traffic from the United Mexican States and does not apply to a port
of entry for marine traffic.
(c) To the extent an authority considers appropriate to
expedite commerce and based on the Texas ITS/CVO Business Plan
prepared by the department, the Department of Public Safety, and
the comptroller, the authority shall provide for implementation by
the appropriate agencies of the use of Intelligent Transportation
Systems for Commercial Vehicle Operations (ITS/CVO) in any new
commercial motor vehicle inspection facility constructed by the
authority and in any existing facility located at a port of entry to
which this section applies. The authority shall coordinate with
other state and federal transportation officials to develop
interoperability standards for the systems.
(d) If an authority constructs a facility at which
commercial vehicle safety inspections are conducted, the facility
may not be used solely for the purpose of conducting commercial
motor vehicle inspections by the Department of Public Safety and
the facility must include implementation of ITS/CVO technology by
the appropriate agencies to support all commercial motor vehicle
regulation and enforcement functions.
(e) As part of its implementation of technology under this
section, an authority shall to the greatest extent possible as a
requirement of the construction of the facility:
(1) enhance efficiency and reduce complexity for motor
carriers by providing a single point of contact between carriers
and regulating state and federal government officials and providing
a single point of information, available to wireless access, about
federal and state regulatory and enforcement requirements;
(2) prevent duplication of state and federal
procedures and locations for regulatory and enforcement
activities, including consolidation of collection of applicable
fees;
(3) link information systems of the authority, the
department, the Department of Public Safety, the comptroller, and,
to the extent possible, the United States Department of
Transportation and other appropriate regulatory and enforcement
entities; and
(4) take other necessary action to:
(A) facilitate the flow of commerce;
(B) assist federal interdiction efforts;
(C) protect the environment by reducing idling
time of commercial motor vehicles at the facilities;
(D) prevent highway damage caused by overweight
commercial motor vehicles; and
(E) seek federal funds to assist in the
implementation of this section.
(f) Construction of a facility to which this section applies
is subject to the availability of federal funding for that purpose.
(41) In SECTION 2.01 of the bill, between proposed
Subchapters E and F, Chapter 370, Transportation Code (on page 23,
line 45), strike "370.186" and substitute "370.187".
(42) In SECTION 2.01 of the bill, strike proposed Section
370.161, Transportation Code (page 16, lines 60-62), and
substitute:
Sec. 370.161. TRANSPORTATION PROJECTS EXTENDING INTO OTHER
COUNTIES. An authority may acquire, construct, operate, maintain,
expand, or extend a transportation project only in:
(1) a county that is a part of the authority;
(2) a county in this state that is not a part of the
authority if:
(A) the transportation project in that county is
a continuation of a transportation project of the authority
extending from a county adjacent to that county;
(B) the county is given an opportunity to become
part of the authority on terms and conditions acceptable to the
authority and that county; and
(C) the commissioners court of the county agrees
to the proposed acquisition, construction, operation, maintenance,
expansion, or extension of the transportation project in that
county; or
(3) a county in another state or the United Mexican
States if:
(A) each governing body of a political
subdivision in which the project will be located agrees to the
proposed acquisition, construction, operation, maintenance,
expansion, or extension;
(B) the project will bring significant benefits
to the counties in this state that are part of the authority;
(C) the county in the other state is adjacent to a
county that is:
(i) part of the authority constructing,
operating, maintaining, expanding, or extending the transportation
project; and
(ii) has a municipality with a
population of 500,000 or more; and
(D) the governor approves the proposed
acquisition, construction, operation, maintenance, expansion, or
extension.
(43) In SECTION 2.01 of the bill, in proposed Section
370.031, Transportation Code (page 11, between lines 17 and 18),
insert the following:
(c) A municipality that borders the United Mexican States
and has a population of 500,000 or more has the same authority as a
county to create and participate in an authority. A municipality
creating or participating in an authority has the same powers and
duties as a county participating in an authority, the governing
body of the municipality has the same powers and duties as the
commissioners court of a county participating in an authority, and
an elected member of the municipality's governing body has the same
powers and duties as a commissioner of a county that is
participating in an authority.
(44) In SECTION 2.01 of the bill, in proposed Section
371.002, Transportation Code (page 10, between lines 31 and 32),
insert the following:
(13-a) "Transportation project" does not include the
management, operation, or oversight of a rapid transit authority
created under Chapter 451 unless the commissioner or the
commissioner's designee has entered into a written agreement with
the transit authority specifying the terms and conditions under
which the transit authority may participate.
(45) In SECTION 1.01 of the bill, in proposed Section
227.003(c), Transportation Code (page 2, line 13), strike "451 or
452" and substitute "451, 452, or 460".
(46) In SECTION 2.01 of the bill, in proposed Section
370.031(b), Transportation Code (page 11, line 17), between
"Subsection (a)" and the period insert "and the approval of the
commissioners court of each county that will be a part of the
authority".
(47) In SECTION 2.01 of the bill, strike proposed Section
370.181, Transportation Code (page 22, lines 41-52), and
substitute:
Sec. 370.181. CONTRACTS WITH GOVERNMENTAL ENTITIES. (a)
An authority may not construct, maintain, or operate a turnpike or
toll project in an area having a governmental entity established
under Chapter 284 or 366 unless the governmental entity and the
authority enter into a written agreement specifying the terms and
conditions under which the project shall be undertaken. An
authority may not construct, maintain, or operate a transportation
project that another governmental entity has determined to be a
project under Chapter 451, 452, or 460 unless the governmental
entity and the authority enter into a written agreement specifying
the terms and conditions under which the project shall be
undertaken.
(b) An authority may not receive or be paid revenue derived
by another governmental entity operating under Chapter 284, 366,
451, 452, or 460 unless the governmental entity and the authority
enter into a written agreement specifying the terms and conditions
under which the revenue shall be received by or paid to the
authority.
(48) In SECTION 2.01 of the bill, strike proposed Section
370.185, Transportation Code (page 23, lines 36-44), and
substitute:
Sec. 370.185. PROPERTY OF CERTAIN TRANSPORTATION
AUTHORITIES. An authority may not condemn or purchase real
property of a transportation authority operating under Chapter 451,
452, or 460 unless the authority has entered into a written
agreement with the transportation authority specifying the terms
and conditions under which the condemnation or the purchase of the
real property will take place.
(49) In SECTION 6.02 of the bill, in proposed Section
91.037, Transportation Code (page 32, line 34), strike "451 or 452"
and substitute "451, 452, or 460".
(50) In SECTION 8.01, in amended Section 45.051(c), Code of
Criminal Procedure (page 40, lines 59-62), strike "Other than an
offense under Section 545.413, Transportation Code, this
subsection does not apply to an offense involving the operation of a
motor vehicle."
(51) In SECTION 8.01, strike proposed Article 45.01(c-1),
Code of Criminal Procedure (page 40, lines 63-69).
(52) In SECTION 8.02, strike proposed Article 45.0511(l),
Code of Criminal Procedure (page 43, lines 12-26), and substitute:
(l) When a defendant [person] complies with Subsection (c)
[(b) and a uniform certificate of course completion is accepted by
the court], the court shall:
(1) [remove the judgment and dismiss the charge;
[(2)] report the fact that the defendant [person]
successfully completed a driving safety course or a motorcycle
operator training course and the date of completion to the Texas
Department of Public Safety for inclusion in the person's driving
record; and
(2) [(3)] state in that [this] report whether the
course was taken under [the procedure provided by] this article to
provide information necessary to determine eligibility to take a
subsequent course under Subsection (b).
(53) In SECTION 9.01, in proposed Section 521.292(c),
Transportation Code (page 44, lines 32 and 33), strike "of guilt
under Articles 45.051(c-1) and 45.0511(l)(1)" and substitute "an
adjudication under Article 45.051 or 45.0511".
(54) In SECTION 10.04, in amended Section 543.202(b)(7),
Transportation Code (page 47, line 5), strike "45.051(c-1) or
45.0511(l)(1)" and substitute "45.0511".
(55) Add the following appropriately numbered ARTICLE and
renumber ARTICLES accordingly:
ARTICLE ____. CONDITIONAL GRANT PROGRAM
SECTION ____.01. Section 56.141(4), Education Code, is
amended to read as follows:
(4) "Eligible profession" means the profession of
engineering or another profession as defined [identified] by [the]
department rule for which the department determines there is a need
[as having a significant statistical underrepresentation of
minorities or women] in the department's workforce.
SECTION ____.02. Section 56.142(a), Education Code, is
amended to read as follows:
(a) The department shall establish and administer a
conditional grant program under this subchapter to provide
financial assistance to eligible [women and minority] students who
agree to work for the department in an eligible profession for the
two academic years immediately following the date of the student's
receipt of an eligible degree.
SECTION ____.03. Section 56.143, Education Code, is amended
to read as follows:
Sec. 56.143. ELIGIBLE STUDENT. (a) To be eligible for a
conditional grant under this subchapter, a student must:
(1) complete and file with the department, on forms
prescribed by the department, a conditional grant application and a
declaration of intent to become a member of an eligible profession
and work for the department for the two academic years immediately
following the date of the student's receipt of an eligible degree;
(2) enroll in an institution;
(3) be a Texas resident, as defined by Texas Higher
Education Coordinating Board rule;
(4) be economically disadvantaged [a minority], as
defined by department rule[, or a woman]; and
(5) have complied with any other requirements adopted
by the department under this subchapter.
(b) In determining who should receive a grant under this
program, the department:
(1) shall give highest priority to students who
demonstrate the greatest financial need; and
(2) may consider whether the applicant would be the
first generation of the applicant's family to attend or graduate
from an undergraduate program or from a graduate or professional
program.
SECTION ____.04. Section 56.147, Education Code, is amended
by reenacting and amending Subsection (b), as amended by Chapters
151 and 165, Acts of the 74th Legislature, Regular Session, 1995,
and by adding Subsection (c) to read as follows:
(b) The department shall issue not less than $400,000
annually in conditional grants under this subchapter from money
available to fund the conditional grant program [gifts, grants, and
funds described by Subsection (a)].
(c) The department may provide outreach programs to recruit
students into the conditional grant program.
SECTION ____.05. The change in law made by this article does
not affect the eligibility of a person awarded a grant under
Subchapter I, Chapter 56, Education Code, before the effective date
of this article to receive the grant or to participate in the
conditional grant program under Subchapter I, Chapter 56, Education
Code, as that subchapter existed when the person was awarded the
grant, and the former law is continued in effect for that purpose.
(56) In SECTION 4.01 of the bill, between added Sections
91.036 and 91.037, Transportation Code (page 32, between lines 30
and 31), insert the following:
Sec. 91.0361. CERTAIN FREIGHT RAILROAD PROJECTS. (a) If
sufficient funds from bonds sold to construct the Central Texas
turnpike project or from the Texas mobility fund are available, the
department may, and is strongly encouraged to, use the funds for
engineering, design, grading, and construction necessary to create
a grade-separated freight rail line capable of being safely
traveled by trains operating at not less than 80 miles per hour in
or adjacent to the State Highway 130 corridor.
(b) The department may, and is strongly encouraged to, enter
into negotiations with any Class I railroad concerning building and
operating a freight railroad in or adjacent to the State Highway 130
corridor. The department may explore with any Class I railroad the
possibility of operating the freight railroad line in or adjacent
to the State Highway 130 corridor as a revenue-producing
partnership that could benefit this state and the current holders
of bonds used in the financing of State Highway 130.
(c) This amendment may not be construed to allow any delay
in the current published schedule for the construction and
completion of State Highway 130.
(57) In SECTION 11.04 of the bill, in proposed Section
152.123(b)(1), Tax Code (page 48, line 48), strike "2005" and
substitute "2006" and renumber the years in Subdivisions (2)-(10)
accordingly.
(58) In SECTION 11.05 of the bill, in amended Section
502.102(b)(3), Transportation Code (page 49, line 2), strike "the
amount retained" and substitute "an additional amount of fees equal
to the amount calculated".
(59) In SECTION 11.06 of the bill, in the heading to
proposed Section 502.1025, Transportation Code (page 49, line 11),
strike "ADDITIONAL" and substitute "CALCULATION OF ADDITIONAL
FEE".
(60) In SECTION 11.06 of the bill, in proposed Section
502.1025(b), Transportation Code (page 49, line 22), between
"retain" and "the" insert "under 502.102(b) fees based on".
(61) In SECTION 11.06 of the bill, in proposed Section
502.1025(b)(1), Transportation Code (page 49, line 25), strike
"2005" and substitute "2006" and renumber the years in Subdivisions
(2)-(10) accordingly.
(62) Following SECTION 11.07 (page 49, between lines 47 and
48), insert the following appropriately numbered section:
SECTION ____. Sections 11.04, 11.05, 11.06, and 11.07 of
this Article take effect September 1, 2005.