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