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AN ACT
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relating to powers of private toll project entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 362.102, Transportation Code, is amended |
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to read as follows: |
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Sec. 362.102. COMMISSION APPROVAL OF PRIVATE TURNPIKE OR |
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TOLL PROJECT REQUIRED. Notwithstanding any other provision of law, |
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a private entity may not construct a privately owned turnpike or |
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toll project that connects to a road, bridge, or highway in the |
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state highway system unless the commission approves the private |
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turnpike or toll project as provided by this subchapter. Before the |
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commission may approve a private turnpike or toll project, the |
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commission must hold a public meeting concerning the project in the |
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region in which the project will be located. |
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SECTION 2. Subchapter C, Chapter 362, Transportation Code, |
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is amended by adding Sections 362.105 and 362.106 to read as |
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follows: |
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Sec. 362.105. USE OF EMINENT DOMAIN BY TOLL ROAD |
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CORPORATION. Notwithstanding Section 30, Chapter 766 (H.B. 749), |
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Acts of the 72nd Legislature, Regular Session, 1991, a corporation |
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that has the powers, rights, and privileges of a corporation |
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created under former Chapter 11, Title 32, Revised Statutes, as |
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that law existed on August 31, 1991, other than a corporation to |
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which Section 431.073(c) applies, may not exercise the power of |
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eminent domain granted under that former law. |
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Sec. 362.106. AGREEMENT WITH TOLL PROJECT ENTITY. (a) In |
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this section, "toll project entity" has the meaning assigned by |
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Section 372.001. |
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(b) A private toll project entity may enter into an |
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agreement with a public toll project entity to finance, construct, |
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maintain, or operate a toll road. |
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SECTION 3. Section 362.102, Transportation Code, as amended |
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by this Act, does not affect a turnpike or toll project approved by |
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the Texas Transportation Commission before the effective date of |
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this Act. |
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SECTION 4. 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, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 565 was passed by the House on May 4, |
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2015, by the following vote: Yeas 137, Nays 0, 3 present, not |
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voting; and that the House concurred in Senate amendments to H.B. |
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No. 565 on May 27, 2015, by the following vote: Yeas 140, Nays 1, 2 |
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present, not voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 565 was passed by the Senate, with |
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amendments, on May 25, 2015, by the following vote: Yeas 31, Nays |
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0. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: __________________ |
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Date |
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__________________ |
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Governor |