HBA-ATS S.B. 1647 76(R) BILL ANALYSIS
Office of House Bill AnalysisS.B. 1647
By: Cain
Transportation
5/17/1999
Engrossed
BACKGROUND AND PURPOSE
In 1997, the legislature abolished the Texas Turnpike Authority (TTA) as an
independent agency and transferred specifically designated property,
assets, and liabilities, and related duties and obligations to the newly
established North Texas Tollway Authority (NTTA), a regional toll authority
that is a political subdivision of the state. Concurrently, the
legislature created the Texas Turnpike Authority division of the Texas
Department of Transportation (authority) to succeed to all other assets,
rights, and obligations that were not transferred to the TTA. The
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. 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. S.B. 1647 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 the Texas Turnpike
Authority division of the Texas Department of Transportation in SECTION 4
(Section 361.042, Transportation Code) and SECTION 16 (Section 361.306,
Transportation Code) of this bill.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 361.001(4), Transportation Code, to define
"turnpike project" as a highway, rather than a toll highway, and adds 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 as permissible turnpike
projects.
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 new costs such as the actual acquisition of
the project, appraisals, legal expenses, and expenses related to the
initial operation of the turnpike projects. Authorizes costs attributable
to a turnpike project incurred before the issuance of bonds to be
reimbursed from the proceeds of the sale of the bonds.
SECTION 3. Amends Sections 361.031(b)-(g), Transportation Code, to remove
the requirement that approval of the Texas Transportation Commission
(commission) is necessary for the Texas Turnpike Authority division of the
Texas Department of Transportation (authority) to perform or procure from
other service providers roadway maintenance, toll revenue collection, or
traffic operations. Redesignates existing Subsections (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
from 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 roads; 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 TxDOT 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 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 to properties previously abutting
a county or public road that is taken for a turnpike project, rather than
to move and replace with an equal or better facility a county or other
public road that a turnpike project affects or severs. 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
and nonsubstantive 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 existing Subsections (d)-(f) to (e)-(g).
SECTION 16. Amends Section 361.306(a), Transportation Code, to authorize
the authority's 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 relating to speed
limits do not apply to any part of a turnpike project. Redesignates
existing 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.