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  85R7608 JTS-F
 
  By: Miller H.B. No. 2557
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the development of certain local government
  transportation infrastructure projects.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 172.001, Transportation Code, is amended
  by adding Subdivision (4-a) and amending Subdivision (7) to read as
  follows:
               (4-a)  "Intelligent transportation system" means:
                     (A)  innovative or intelligent technological
  transportation systems, infrastructure, or facilities, including
  elevated freight transportation facilities: 
                           (i)  in proximity to, or within, an existing
  right-of-way on the state highway system; or 
                           (ii)  that connect land ports of entry to the
  state highway system;
                     (B)  communications or information processing
  systems that improve the efficiency, security, or safety of freight
  movement on the state highway system, including improving the
  conveyance of freight on dedicated intelligent freight lanes; or
                     (C)  a transportation facility or system that
  increases truck freight efficiencies in the boundaries of an
  intermodal facility or hub.
               (7)  "Rail facilities" means:
                     (A)  passenger or freight rail facilities,
  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;
                     (B)  an intermodal hub;
                     (C)  an automated conveyor belt for the movement
  of freight;
                     (D)  an intelligent transportation system that
  operates with or as part of facilities described by Paragraphs
  (A)-(C); or
                     (E)  a system of facilities described by
  Paragraphs (A)-(D) [property, or an interest in that property, that
  the board determines is necessary or convenient to provide a rural
  rail transportation system; and
                     [(B)     property or an interest necessary or
  convenient to acquire, provide, construct, enlarge, remodel,
  renovate, improve, furnish, use, or equip the system, including:
                           [(i)  a right-of-way;
                           [(ii)     an earthwork or structure, including
  clearing and grubbing of right-of-way, demolition of a structure,
  relocation of utilities, a pipeline, or any other obstacle in a
  right-of-way, stripping and stockpiling, removal of subsoil for
  embankment or spoil, a borrow pit, dressing and seeding of a slope,
  construction of a culvert, a road crossing, a bridge, restoration
  of a roadway, drainage within a right-of-way or along a road
  network, and restoration of a hydrologic system;
                           [(iii)  trackwork;
                           [(iv)     a train control, including
  signalling, interlocking equipment, speed monitoring equipment, an
  emergency braking system, a central traffic control facility, and a
  communication system;
                           [(v)     a passenger or freight service
  building, terminal, or station, a ticketing facility, a waiting
  area, a platform, a concession, an elevator, an escalator, a
  facility for handicapped access, an access road, a parking facility
  for passengers, a baggage handling facility, a local maintenance
  facility, and offices for district purposes and includes an
  interest in real property necessary or convenient for an item
  listed under this subparagraph;
                           [(vi)  rolling stock; and
                           [(vii)  a maintenance facility].
         SECTION 2.  Subchapter E, Chapter 172, Transportation Code,
  is amended by adding Section 172.211 to read as follows:
         Sec. 172.211.  REGIONAL MOBILITY AUTHORITY AND OTHER POWERS
  OF COUNTY, DISTRICT, AND NAVIGATION DISTRICT.  (a)  In this section:
               (1)  "Authority" means a regional mobility authority
  under Chapter 370.
               (2)  "Transportation project" has the meaning assigned
  by Section 370.003.
         (b)  A county that is part of a district, acting through the
  commissioners court or a local government corporation, may adopt an
  order authorizing the exercise of the powers of an authority
  without state approval, supervision, or regulation.
         (c)  On adoption of an order under Subsection (b), the county
  and a navigation district located wholly in the county may:
               (1)  exercise the powers of an authority;
               (2)  develop a rail facility project as a qualifying
  project under Chapter 2267, Government Code;
               (3)  on or before August 31, 2021, enter into
  comprehensive development agreements for transportation projects,
  using the process described by Sections 370.306 and 370.307; and
               (4)  issue bonds for transportation projects secured by
  a pledge of the revenues of the project, including contract
  revenue, grant revenue, or other revenue collected in connection
  with the project.
         (d)  If each county that is part of a district adopts an order
  described by Subsection (b), the district may exercise the powers
  described by Subsection (c).
         SECTION 3.  Section 222.107(c), Transportation Code, is
  amended to read as follows:
         (c)  The commissioners court of the county, after
  determining that an area is unproductive and underdeveloped and
  that action under this section would further the purposes described
  by Section 222.105, by order or resolution may designate a
  contiguous geographic area in the jurisdiction of the county to be a
  transportation reinvestment zone to promote one or more
  transportation projects.  A county may designate the transportation
  reinvestment zone to be coterminous with or otherwise include a
  county assistance district created by the county under Chapter 387,
  Local Government Code.
         SECTION 4.  Sections 222.110(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  In this section:
               (1)  "Sales tax base" for a transportation reinvestment
  zone means the amount of sales and use taxes imposed by a
  municipality under Section 321.101(a), Tax Code, or by a county
  under Chapter 323, Tax Code, including sales and use taxes imposed
  by a county assistance district created by the county under Chapter
  387, Local Government Code, as applicable, attributable to the zone
  for the year in which the zone was designated under this chapter.
               (2)  "Transportation reinvestment zone" includes a
  county energy transportation reinvestment zone.
         (b)  The governing body of a municipality or county may
  determine, in an ordinance or order designating an area as a
  transportation reinvestment zone or in an ordinance or order
  adopted subsequent to the designation of a zone, the portion or
  amount of tax increment generated from the sales and use taxes
  imposed by a municipality under Section 321.101(a), Tax Code, or by
  a county under Chapter 323, Tax Code, including sales and use taxes
  imposed by a county assistance district created by the county under
  Chapter 387, Local Government Code, attributable to the zone, above
  the sales tax base, to be used as provided by Subsection
  (e).  Nothing in this section requires a municipality or county to
  contribute sales tax increment under this subsection.
         SECTION 5.  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, 2017.