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AN ACT
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relating to the powers and duties of a regional tollway authority. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.178, Transportation Code, is amended |
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by adding Subsection (j) to read as follows: |
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(j) In addition to the other powers and duties provided by |
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this chapter, an authority has the same powers and duties as the |
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department under Chapter 228, a county under Chapter 284, and a |
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regional mobility authority under Chapter 370, regarding the |
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authority's toll collection and enforcement powers for: |
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(1) the authority's turnpike projects; and |
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(2) other toll projects developed, financed, |
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constructed, or operated under an agreement, including a |
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comprehensive development agreement, with the authority. |
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SECTION 2. Section 366.185, Transportation Code, is amended |
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by adding Subsection (d-2) to read as follows: |
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(d-2) Notwithstanding Subsection (d-1), if the contract |
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amount exceeds $50 million, the rules adopted under Subsection (d) |
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may provide for a stipend to be offered to an unsuccessful |
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design-build firm that submits a response to the authority's |
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request for additional information, in an amount that: |
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(1) may exceed $250,000; and |
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(2) is reasonably necessary, as determined by the |
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authority in its sole discretion, to compensate an unsuccessful |
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firm for: |
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(A) preliminary engineering costs associated |
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with the development of the proposal by the firm; and |
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(B) the value of the work product contained in |
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the proposal, including the techniques, methods, processes, and |
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information contained in the proposal. |
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SECTION 3. Subsection (g), Section 366.407, Transportation |
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Code, is amended to read as follows: |
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(g) Except as provided by this subsection, a comprehensive |
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development agreement with a private participant that includes the |
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collection by the private participant of tolls for the use of a toll |
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project may be for a term not longer than 50 years from the later of |
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the date of final acceptance of the project or the start of revenue |
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operations by the private participant, not to exceed a total term of |
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52 years. The contract must contain an explicit mechanism for |
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setting the price for the purchase by the authority [department] of |
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the interest of the private participant in the contract and related |
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property, including any interest in a highway or other facility |
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designed, developed, financed, constructed, operated, or |
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maintained under the contract. |
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SECTION 4. Sections 366.2521 and 366.2522, Transportation |
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Code, are repealed. |
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SECTION 5. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I hereby certify that S.B. No. 882 passed the Senate on |
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April 23, 2009, by the following vote: Yeas 30, Nays 0; and that |
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the Senate concurred in House amendment on May 28, 2009, by the |
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following vote: Yeas 31, Nays 0. |
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______________________________ |
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Secretary of the Senate |
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I hereby certify that S.B. No. 882 passed the House, with |
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amendment, on May 26, 2009, by the following vote: Yeas 143, |
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Nays 0, one present not voting. |
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______________________________ |
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Chief Clerk of the House |
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Approved: |
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______________________________ |
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Date |
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______________________________ |
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Governor |