HBA-MPA S.B. 1872 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 1872
By: Lindsay
Transportation
5/11/1999
Engrossed



BACKGROUND AND PURPOSE 

Currently, a political entity is authorized to sell a toll road.   S.B.
1872 establishes conditions regarding the sale of certain toll roads by
certain political subdivisions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter A, Chapter 284, Transportation Code, by
adding Section 284.009, as follows: 

Sec. 284.009.  SALE OF CERTAIN TOLL ROADS PROHIBITED.  Provides that this
section applies only to a county with a population of 2.8 million or more.
Prohibits a county from selling or otherwise transferring a toll road
project to any other public or private entity if the project was built
using right-of-way acquired from the state without the express written
consent of and consultation with the Texas Department of Transportation
(TxDOT). Provides that this section expires January 1, 2002.  

SECTION 2.  Amends Subchapter B, Chapter 365, Transportation Code, by
adding Section 365.016, as follows: 

Sec. 365.016.  SALE OF CERTAIN TOLL ROADS PROHIBITED.  Provides that this
section applies only to a district created under Chapter 441 (Road Utility
Districts) or Subchapter B (Road District Within County), Chapter 257,
Transportation Code (district) any portion of which is located in a county
with a population of 2.8 million or more. Prohibits the district from
selling or otherwise transferring a toll road project to any other public
or private entity if the project was built using right-of-way acquired from
the state without the express written consent of and consultation with
TxDOT.  Provides that this section expires January 1, 2002.  

SECTION 3.  Emergency clause.
            Effective date: upon passage.