HBA-TBM S.B. 409 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 409
By: Cain
Transportation
4/2/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently, the Texas Turnpike Authority (TTA) division of the Texas
Department of Transportation has its own enabling statute in the
Transportation Code, while the North Texas Tollway Authority, a regional
tollway authority, does not.  Legislation regarding regional tollway
authorities is generally consistent with TTA's enabling legislation, but
there are differences.  Senate Bill 409 amends the enabling legislation of
TTA to conform with legislation governing regional tollway authorities.   

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. 

ANALYSIS

Senate Bill 409 amends the Transportation Code to broaden the authority of
the Texas Turnpike Authority (TTA) to govern turnpike projects (project) to
include any highway constructed, maintained, or operated under the
provisions relating to TTA, as well as service roads, ramps, parking areas
or structures, rest stops, parks, and any other improvement or amenity TTA
considers necessary, useful, or beneficial for the operation of a project
(Sec. 361.001).  The bill modifies provisions relating to the condemnation
of and compensation for property, and other powers and duties of TTA (Secs.
361.031, 361.135, and 361.141). The bill requires TTA to have an
independent certified public accountant audit TTA's books and accounts at
least annually (Sec. 361.054).  The bill provides that in acquiring
property TTA, acting by and through the board of directors (board), has the
same powers and may use the same procedures as the Texas Transportation
Commission (commission) or the Texas Department of Transportation (TxDOT)
(Secs. 361.131 and 361.132).   

The bill authorizes TTA to reimburse from the proceeds of a bond issue
costs attributable to a turnpike project that are incurred before issuance
of the bonds (Secs. 361.004 and 361.171).  The bill authorizes TTA to
engage in marketing, advertising, and other activities for the promotion of
projects, and with the concurrence of the commission to form, develop, or
utilize a corporation created under the Texas Transportation Corporation
Act for the promotion and development of projects (Sec. 361.042).   

The bill authorizes the commission to request that TTA conduct a
feasibility study for any proposed project. The bill requires that the
expenses of a study for any proposed project be paid for by TxDOT.  If the
project is constructed, TxDOT is required to be reimbursed for money paid
to TTA from turnpike revenue bonds or other proceeds that may be used for
the construction, improvement, extension, expansion, or operation of the
project (361.182).   

The bill sets forth provisions regarding removal or relocation of a public
utility facility located in, on, along, over, or under a turnpike project
as required by TTA and sets forth exceptions and penalties for untimely
performance (Sec. 361.234).  Rules adopted by TTA to govern negotiations on
turnpike projects may authorize TTA to impose a fee for reviewing proposals
for private involvement in a project (Sec. 361.306).  
 
The bill removes the provision that authorizes the commission to alter
speed limits imposed by TTA on a turnpike that becomes part of the state
highway system (Sec. 545.354).  The bill authorizes TTA rather than the
commission to set maximum weights of vehicles and loads that may be moved
on a turnpike project (Sec. 621.102).   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.