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A BILL TO BE ENTITLED
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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 PROHIBITED [REQUIRED]. Notwithstanding any other |
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provision of law, a private entity may not construct a privately |
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owned turnpike or toll project that connects to a road, bridge, or |
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highway in the state highway system [unless the commission approves
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the private turnpike or toll project as provided by this
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subchapter]. |
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SECTION 2. Subchapter C, Chapter 362, Transportation Code, |
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is amended by adding Section 362.105 to read as 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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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. Sections 362.103 and 362.104, 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, 2015. |