HBA-TYH H.B. 3259 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 3259 By: Bosse Transportation 3/28/1999 Introduced BACKGROUND AND PURPOSE During the 75th Legislative Session, the "old" Texas Turnpike Authority (authority), an agency independent of the Texas Department of Transportation (TxDOT), was changed into a regional toll authority. At the same time, a new authority was created to operate as a division of TxDOT. The new authority has its own enabling statute, Chapter 361 (Texas Turnpike Authority), Transportation Code, and a board of directors appointed by the governor, yet it operates as a division of TxDOT. There are certain aspects of Chapter 361 which while appropriate for the former authority are not appropriate, in their present form, for the new authority. In addition, regional toll authorities are now governed by Chapter 366 (Regional Tollway Authorities), Transportation Code. While Chapter 366 generally mirrors Chapter 361, there are unintended inconsistencies. H.B. 3259 eliminates inconsistencies between the two chapters and clarifies the rights and obligations of the new authority in several other areas. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill modifies rulemaking authority previously delegated to Texas Turnpike Authority in SECTION 4 (Section 361.042(b), Transportation Code) and in SECTION 16 (Section 361.306, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subsection (4), Section 361.001, Transportation Code, to define "turnpike project" as a highway, rather than a toll highway, and includes a service road, ramp, a parking area or structure, rest stop, park, and other improvement or amenity the authority considers necessary, useful, or beneficial for the operation of a turnpike project. SECTION 2. Amends Section 361.004, Transportation Code, to provide that the cost of acquisition, construction, improvement, extension, or expansion of a turnpike project includes the cost of the actual acquisition, appraisals, legal expenses, and expenses related to the initial operation of the turnpike projects, among other enumerated items. Authorizes costs attributable to a turnpike project incurred before the issuance of bonds to be reimbursed from the proceeds of sale of the bonds. SECTION 3. Amends Section 361.031, Transportation Code, to remove the requirement that approval of the Texas Transportation Commission (commission) is necessary for the Texas Turnpike Authority (authority) to perform or procure from other service providers roadway maintenance, toll revenue collection, or traffic operations. Redesignates Subsection (d)-(g) to (c)-(f). Makes conforming changes. SECTION 4. Amends Section 361.042(b), Transportation Code, to authorize the authority to: _adopt and enforce rules, without the concurrence of the commission, not inconsistent with this chapter for the use of any turnpike project, including without limitation rules establishing speed limits and maximum allowed vehicle and load weight limits for turnpike projects; _engage in marketing, advertising and other activities to promote the development and use of turnpike projects, and may enter into contracts or agreements necessary to procure marketing, advertising or other promotional services from outside service providers; and _form, develop and utilize Chapter 431 (Texas Transportation Corporation Act) Corporations for the promotion and development of turnpike projects. Makes conforming changes. SECTION 5. Amends Section 361.131, Transportation Code, to provide that the authority, acting by and through the board of directors of the authority (board), has the same powers and is authorized to use the same procedures as the commission or the Texas Department of Transportation (TxDOT) in acquiring property. SECTION 6. Amends Sections 361.132(a) and (c), to change all references to the "board" to "authority." SECTION 7. Amends Section 361.135(b), Transportation Code, to authorize the board to condemn real property that the authority determines is: _necessary to restore public or private property damaged or destroyed, including property necessary or convenient to mitigate an environmental effect that directly results from the construction, operation or maintenance of a turnpike project; _necessary for service; or _necessary to provide proper drainage and ground slope for a turnpike project. Makes conforming changes. SECTION 8. Amends Section 361.137, Transportation Code, by adding Subsection (f), to require a case, after a declaration of taking is filed with the petition, to proceed as any other case in eminent domain according to Chapter 21 (Eminent Domain), Property Code. SECTION 9. Amends Section 361.141(a), Transportation Code, to prohibit the authority from paying compensation for streets, highways, or alleys, in addition to public real property, parkways,, or reservations it takes, except for the enumerated exceptions. SECTION 10. Amends Section 361.171, Transportation Code, by adding Subsection (g), as follows: (g) Authorizes the proceeds of a bond issue, in addition to other permitted uses, to be used to pay costs incurred prior to the issuance of the bonds, including costs of environmental review, design, planning, acquisition of property, relocation assistance, construction, and operation. SECTION 11. Amends Section 361.179(a), Transportation Code, to authorize the authority, notwithstanding anything to the contrary contained in Chapter 202 (Control of Highway Assets), Transportation Code, to contract with a person for the use of part of a turnpike project or lease or sell part of a turnpike project, including the right-of-way adjoining the paved portion, for any purpose, including placing on the adjoining right-of-way telecommunications facilities and equipment. SECTION 12. Amends Section 361.181(a), Transportation Code, to authorize the authority to pay the expenses of studying the cost and feasibility and any other expenses relating to the preparation and issuance of turnpike revenue bonds for the construction of a proposed turnpike project by using funds provided by the department for feasibility studies undertaken at the request of the commission. SECTION 13. Amends Section 361.182, Transportation Code, by adding Subsection (g), as follows: (g) Authorizes the commission to request that the authority to conduct a feasibility study for any proposed turnpike project. Requires the expenses of any study requested by the commission to be paid for by TxDOT. Requires TxDOT, if the turnpike project is constructed, to be reimbursed for funds paid to the authority from the proceeds of turnpike revenue bonds issued for, or other proceeds that may be used for, the construction, improvement, extension, expansion, or operation of the project. SECTION 14. Amends Section 361.232(c), Transportation Code, to require the authority, if feasible, to provide access, rather than to move and replace with an equal or better facility, to properties previously abutting a public road that is taken for a turnpike project. Requires the authority to pay abutting property owners the expenses or, rather than and, any resulting damages for denial of access to the road. Makes a conforming change. SECTION 15. Amends Sections 361.234(d), (e), (f), and (g), Transportation Code, to authorize the authority to reduce the total costs to be paid by the authority by 10 percent for each 30-day period or portion of a 30-day period by which the relocation exceeds the limit specified by the authority. Authorizes the authority, if an owner or operator of a public utility facility does not timely remove or relocate, to do so at the expense of the public utility. Requires all reasonable costs, if the authority determines that a delay in relocation is the result of circumstances beyond the control of the utility, to be paid by the authority. Redesignates Subsections (d)-(f) to (e)-(g). SECTION 16. Amends Section 361.306(a), Transportation Code, to authorize the authority to authorize rules to assess a fee for reviewing proposals for private involvement in turnpike projects. SECTION 17. Amends Section 545.354, Transportation Code, to delete Subsection (e), providing that the specified sections do not apply to any part of a turnpike project. Redesignates Subsections (e)-(f) to (f)-(g). SECTION 18. Amends Section 621.102, Transportation Code, by amending Subsection (a) and adding Subsection (h), as follows: (a) Makes a conforming change. (h) Requires the authority to have the authority to set the maximum gross weight of a vehicle and its load, the maximum gross weight of vehicles and loads, maximum axle load, or maximum wheel load that may be moved over a turnpike project as defined in Section 361.001 (Definitions), Transportation Code. Requires the authority to be subject to the same restrictions and to follow the same procedures as are set forth in this section as being applicable to the commission. SECTION 19. Effective date: September 1, 1999. SECTION 20. Emergency clause.