S.B. No. 1489
 
 
 
 
AN ACT
  relating to the powers and jurisdiction of a regional mobility
  authority.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subdivision (14), Section 370.003,
  Transportation Code, is amended to read as follows:
               (14)  "Transportation project" means:
                     (A)  a turnpike project;
                     (B)  a system;
                     (C)  a passenger or freight rail facility,
  including:
                           (i)  tracks;
                           (ii)  a rail line;
                           (iii)  switching, signaling, or other
  operating equipment;
                           (iv)  a depot;
                           (v)  a locomotive;
                           (vi)  rolling stock;
                           (vii)  a maintenance facility; and
                           (viii)  other real and personal property
  associated with a rail operation;
                     (D)  a roadway with a functional classification
  greater than a local road or rural minor collector;
                     (D-1)  a bridge;
                     (E)  a ferry;
                     (F)  an airport, other than an airport that on
  September 1, 2005, was served by one or more air carriers engaged in
  scheduled interstate transportation, as those terms were defined by
  14 C.F.R. Section 1.1 on that date;
                     (G)  a pedestrian or bicycle facility;
                     (H)  an intermodal hub;
                     (I)  an automated conveyor belt for the movement
  of freight;
                     (J)  a border crossing inspection station,
  including:
                           (i)  a border crossing inspection station
  located at or near an international border crossing; and
                           (ii)  a border crossing inspection station
  located at or near a border crossing from another state of the
  United States and not more than 50 miles from an international
  border;
                     (K)  an air quality improvement initiative;
                     (L)  a public utility facility;
                     (M)  a transit system;
                     (M-1)  a parking area, structure, or facility, or
  a collection device for parking fees;
                     (N)  if applicable, projects and programs listed
  in the most recently approved state implementation plan for the
  area covered by the authority, including an early action compact;
  [and]
                     (O)  improvements in a transportation
  reinvestment zone designated under Subchapter E, Chapter 222; and
                     (P)  port security, transportation, or facility
  projects eligible for funding under Section 55.002.
         SECTION 2.  Section 370.033, Transportation Code, is amended
  by amending Subsections (c) and (f) and adding Subsections (f-1)
  and (r) to read as follows:
         (c)  An authority may[, if requested by the commission,]
  perform any function not specified by this chapter to promote or
  develop a transportation project that the authority is authorized
  to develop or operate under this chapter [in the authority's area of
  jurisdiction].
         (f)  An authority [and a governmental entity] may enter into
  a contract, agreement, interlocal agreement, or other similar
  arrangement under which the authority may acquire, plan, design,
  construct, maintain, repair, or operate a transportation project on
  behalf of another [the] governmental entity if:
               (1)  the transportation project is located in the
  authority's area of jurisdiction or in a county adjacent to the
  authority's area of jurisdiction;
               (2)  the transportation project is being acquired,
  planned, constructed, designed, operated, repaired, or maintained
  on behalf of the department or another toll project entity, as
  defined by Section 372.001; or
               (3)  for a transportation project that is not described
  by Subdivision (1) or (2), the department approves the acquisition,
  planning, construction, design, operation, repair, or maintenance
  of the project by the authority.
         (f-1)  [An authority may enter into a contract or agreement
  with the department under which the authority will plan, develop,
  operate, or maintain a transportation project on behalf of the
  department, subject to the transportation project being in the
  authority's area of jurisdiction.] A contract or agreement under
  Subsection (f) [this subsection] may contain terms and conditions
  as may be approved by an authority, including payment obligations
  of the governmental entity and the authority.
         (r)  This chapter may not be construed to restrict the
  ability of an authority to enter into an agreement under Chapter
  791, Government Code, with another governmental entity located
  anywhere in this state.
         SECTION 3.  Section 370.161, Transportation Code, is amended
  to read as follows:
         Sec. 370.161.  TRANSPORTATION PROJECTS EXTENDING INTO OTHER
  COUNTIES. [(a)] An authority may study, evaluate, design,
  finance, acquire, construct, operate, maintain, repair, 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 the county and authority enter into an agreement under
  Section 370.033(f)[:
                     [(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 study, evaluation, design, financing, acquisition,
  construction, operation, maintenance, repair, 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)  is part of the authority studying,
  evaluating, designing, financing, acquiring, constructing,
  operating, maintaining, repairing, 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 study,
  evaluation, design, financing, acquisition, construction,
  operation, maintenance, repair, expansion, or extension.
         SECTION 4.  Subsection (b), Section 370.181, Transportation
  Code, is amended to read as follows:
         (b)  An authority may enter into an agreement with one or
  more persons to provide, on terms and conditions approved by the
  authority, personnel and services to design, construct, operate,
  maintain, expand, enlarge, or extend a [the] transportation project
  owned or operated by [of] the authority.
         SECTION 5.  Subchapter E, Chapter 370, Transportation Code,
  is amended by adding Section 370.1911 to read as follows:
         Sec. 370.1911.  COMMERCIAL TRANSPORTATION PROCESSING
  SYSTEMS AT INSPECTION FACILITIES AT INTERSTATE BORDERS. (a)
  Notwithstanding Section 370.191, an authority may construct a
  border inspection facility to be used solely for the purpose of
  conducting commercial motor vehicle inspections by the Department
  of Public Safety, provided that the facility is located:
               (1)  at or near a border crossing from another state of
  the United States; and
               (2)  not more than 50 miles from an international
  border.
         (b)  To the extent an authority constructing a border
  inspection facility under this section considers appropriate to
  expedite commerce, the facility may include implementation of
  Intelligent Transportation Systems for Commercial Vehicle
  Operations (ITS/CVO) technology.
         SECTION 6.  This Act takes effect immediately if it 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
  Act takes effect September 1, 2013.
 
 
 
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
         I hereby certify that S.B. No. 1489 passed the Senate on
  April 25, 2013, by the following vote: Yeas 30, Nays 0; and that
  the Senate concurred in House amendment on May 8, 2013, by the
  following vote: Yeas 30, Nays 0.
 
 
  ______________________________
  Secretary of the Senate    
 
         I hereby certify that S.B. No. 1489 passed the House, with
  amendment, on May 2, 2013, by the following vote: Yeas 141, Nays 6,
  two present not voting.
 
 
  ______________________________
  Chief Clerk of the House   
 
 
 
  Approved:
 
  ______________________________ 
              Date
 
 
  ______________________________ 
            Governor