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