Texas 2009 - 81st Regular

Texas House Bill HB11 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R460 DWS-D
2	2	By: Leibowitz H.B. No. 11
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to repeal of authority for the establishment and operation
8	8	of the Trans-Texas Corridor.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 11.11(j), Tax Code, is amended to read as
11	11	follows:
12	12	(j) For purposes of this section, any portion of a facility
13	13	owned by the Texas Department of Transportation that is [part of the
14	14	Trans-Texas Corridor, is] a rail facility or system[,] or is a
15	15	highway in the state highway system, and that is licensed or leased
16	16	to a private entity by that department under Chapter 91 or[,] 223,
17	17	[or 227,] Transportation Code, is public property used for a public
18	18	purpose if the rail facility or system, highway, or facility is
19	19	operated by the private entity to provide transportation or utility
20	20	services. Any part of a facility, rail facility or system, or state
21	21	highway that is licensed or leased to a private entity for a
22	22	commercial purpose is not exempt from taxation.
23	23	SECTION 2. Section 25.06(c), Tax Code, is amended to read as
24	24	follows:
25	25	(c) This section does not apply to:
26	26	(1) any portion of a facility owned by the Texas
27	27	Department of Transportation that is [part of the Trans-Texas
28	28	Corridor, is] a rail facility or system[,] or is a highway in the
29	29	state highway system and that is licensed or leased to a private
30	30	entity by that department under Chapter 91[, 227,] or 361,
31	31	Transportation Code; or
32	32	(2) a leasehold or other possessory interest granted
33	33	by the Texas Department of Transportation in a facility owned by
34	34	that department that is [part of the Trans-Texas Corridor, is] a
35	35	rail facility or system[,] or is a highway in the state highway
36	36	system.
37	37	SECTION 3. Section 25.07(c), Tax Code, is amended to read as
38	38	follows:
39	39	(c) Subsection (a) does not apply to:
40	40	(1) any portion of a facility owned by the Texas
41	41	Department of Transportation that is [part of the Trans-Texas
42	42	Corridor, is] a rail facility or system[,] or is a highway in the
43	43	state highway system and that is licensed or leased to a private
44	44	entity by that department under Chapter 91[, 227,] or 361,
45	45	Transportation Code; or
46	46	(2) a leasehold or other possessory interest granted
47	47	by the Texas Department of Transportation in a facility owned by
48	48	that department that is [part of the Trans-Texas Corridor, is] a
49	49	rail facility or system[,] or is a highway in the state highway
50	50	system.
51	51	SECTION 4. Sections 201.616(a) and (b), Transportation
52	52	Code, are amended to read as follows:
53	53	(a) Not later than December 1 of each year, the department
54	54	shall submit a report to the legislature that details:
55	55	(1) the expenditures made by the department in the
56	56	preceding state fiscal year in connection with:
57	57	(A) the unified transportation program of the
58	58	department;
59	59	(B) turnpike projects and toll roads of the
60	60	department; and
61	61	(C) [the Trans-Texas Corridor;
62	62	[(D)] rail facilities described in Chapter 91;
63	63	[and
64	64	[(E) non-highway facilities on the Trans-Texas
65	65	Corridor if those expenditures are subject to Section 227.062(c);]
66	66	(2) the amount of bonds or other public securities
67	67	issued for transportation projects; and
68	68	(3) the direction of money by the department to a
69	69	regional mobility authority in this state.
70	70	(b) The report must break down information under Subsection
71	71	(a)(1)(A) by program category and department district. The report
72	72	must break down information under Subsections (a)(1)(B) and[,]
73	73	(C)[, (D), and (E)] and Subsection (a)(3) by department district.
74	74	The report must break down information under Subsection (a)(2) by
75	75	department district and type of project.
76	76	SECTION 5. Section 202.112(a), Transportation Code, is
77	77	amended to read as follows:
78	78	(a) The commission may purchase an option to acquire
79	79	property for possible use in or in connection with a transportation
80	80	facility[, including a facility as defined by Section 227.001,]
81	81	before a final decision has been made as to whether the
82	82	transportation facility will be located on that property.
83	83	SECTION 6. Section 222.003(e), Transportation Code, is
84	84	amended to read as follows:
85	85	(e) The proceeds of bonds and other public securities issued
86	86	under this section may not be used for any purpose other than any
87	87	costs related to the bonds and other public securities and the
88	88	purposes for which revenues are dedicated under Section 7-a,
89	89	Article VIII, Texas Constitution. [The proceeds of bonds and other
90	90	public securities issued under this section may not be used for the
91	91	construction of a state highway or other facility on the
92	92	Trans-Texas Corridor. For purposes of this section, the
93	93	"Trans-Texas Corridor" means the statewide system of multimodal
94	94	facilities under the jurisdiction of the department that is
95	95	designated by the commission, notwithstanding the name given to
96	96	that corridor.]
97	97	SECTION 7. Section 223.201(a), Transportation Code, is
98	98	amended to read as follows:
99	99	(a) Subject to Section 223.202, the department may enter
100	100	into a comprehensive development agreement with a private entity to
101	101	design, develop, finance, construct, maintain, repair, operate,
102	102	extend, or expand a:
103	103	(1) toll project;
104	104	(2) [facility or a combination of facilities on the
105	105	Trans-Texas Corridor;
106	106	[(3)] state highway improvement project that includes
107	107	both tolled and nontolled lanes and may include nontolled
108	108	appurtenant facilities;
109	109	(3) [(4)] state highway improvement project in which
110	110	the private entity has an interest in the project; or
111	111	(4) [(5)] state highway improvement project financed
112	112	wholly or partly with the proceeds of private activity bonds, as
113	113	defined by Section 141(a), Internal Revenue Code of 1986.
114	114	SECTION 8. Section 223.206(d), Transportation Code, is
115	115	amended to read as follows:
116	116	(d) The department may not enter into a comprehensive
117	117	development agreement with a private entity under this subchapter
118	118	[or Section 227.023] that provides for the lease, license, or other
119	119	use of rights-of-way or related property by the private entity for
120	120	the purpose of constructing, operating, or maintaining an ancillary
121	121	facility that is used for commercial purposes.
122	122	SECTION 9. Sections 223.208(b), (c), (e), and (f),
123	123	Transportation Code, are amended to read as follows:
124	124	(b) A comprehensive development agreement entered into
125	125	under this subchapter [or Section 227.023(c)] may include any
126	126	provision that the department considers appropriate, including
127	127	provisions:
128	128	(1) providing for the purchase by the department,
129	129	under terms and conditions agreed to by the parties, of the interest
130	130	of a private participant in the comprehensive development agreement
131	131	and related property, including any interest in a highway or other
132	132	facility designed, developed, financed, constructed, operated, or
133	133	maintained under the comprehensive development agreement;
134	134	(2) establishing the purchase price for the interest
135	135	of a private participant in the comprehensive development agreement
136	136	and related property, which price may be determined in accordance
137	137	with the methodology established by the parties in the
138	138	comprehensive development agreement;
139	139	(3) providing for the payment of obligations incurred
140	140	pursuant to the comprehensive development agreement, including any
141	141	obligation to pay the purchase price for the interest of a private
142	142	participant in the comprehensive development agreement, from any
143	143	lawfully available source, including securing such obligations by a
144	144	pledge of revenues of the commission or the department derived from
145	145	the applicable project, which pledge shall have such priority as
146	146	the department may establish;
147	147	(4) permitting the private participant to pledge its
148	148	rights under the comprehensive development agreement;
149	149	(5) concerning the private participant's right to
150	150	operate and collect revenue from the project; and
151	151	(6) restricting the right of the commission or the
152	152	department to terminate the private participant's right to operate
153	153	and collect revenue from the project unless and until any
154	154	applicable termination payments have been made.
155	155	(c) The department may enter into a comprehensive
156	156	development agreement under this subchapter [or under Section
157	157	227.023(c)] with a private participant only if the project is
158	158	identified in the department's unified transportation program or is
159	159	located on a transportation corridor identified in the statewide
160	160	transportation plan.
161	161	(e) Notwithstanding anything in Section 201.112 or other
162	162	law to the contrary, and subject to compliance with the dispute
163	163	resolution procedures set out in the comprehensive development
164	164	agreement, an obligation of the commission or the department under
165	165	a comprehensive development agreement entered into under this
166	166	subchapter [or Section 227.023(c)] to make or secure payments to a
167	167	person because of the termination of the agreement, including the
168	168	purchase of the interest of a private participant or other investor
169	169	in a project, may be enforced by mandamus against the commission,
170	170	the department, and the comptroller in a district court of Travis
171	171	County, and the sovereign immunity of the state is waived for that
172	172	purpose. The district courts of Travis County shall have exclusive
173	173	jurisdiction and venue over and to determine and adjudicate all
174	174	issues necessary to adjudicate any action brought under this
175	175	subsection. The remedy provided by this subsection is in addition
176	176	to any legal and equitable remedies that may be available to a party
177	177	to a comprehensive development agreement.
178	178	(f) A comprehensive development agreement entered into
179	179	under this subchapter [or Section 227.023(c)] and any obligations
180	180	incurred, issued, or owed under the agreement does not constitute a
181	181	state security under Chapter 1231, Government Code.
182	182	SECTION 10. Section 371.001(2), Transportation Code, as
183	183	added by Chapter 103, Acts of the 80th Legislature, Regular
184	184	Session, 2007, is amended to read as follows:
185	185	(2) "Toll project entity" means an entity authorized
186	186	by law to acquire, design, construct, finance, operate, and
187	187	maintain a toll project, including:
188	188	(A) the department under Chapter [227 or] 228;
189	189	(B) a regional tollway authority under Chapter
190	190	366;
191	191	(C) a regional mobility authority under Chapter
192	192	370; or
193	193	(D) a county under Chapter 284.
194	194	SECTION 11. Section 371.001(a)(2), Transportation Code, as
195	195	added by Chapter 258, Acts of the 80th Legislature, Regular
196	196	Session, 2007, is amended to read as follows:
197	197	(2) "Toll project entity" means an entity authorized
198	198	by law to acquire, design, construct, finance, operate, and
199	199	maintain a toll project, including:
200	200	(A) the department under Chapter [227 or] 228;
201	201	(B) a regional tollway authority under Chapter
202	202	366;
203	203	(C) a regional mobility authority under Chapter
204	204	370; or
205	205	(D) a county under Chapter 284.
206	206	SECTION 12. Section 371.001(2), Transportation Code, as
207	207	added by Chapter 264, Acts of the 80th Legislature, Regular
208	208	Session, 2007, is amended to read as follows:
209	209	(2) "Toll project entity" means an entity authorized
210	210	by law to acquire, design, construct, operate, and maintain a toll
211	211	project, including:
212	212	(A) the department[, including under Chapter
213	213	227];
214	214	(B) a regional tollway authority under Chapter
215	215	366;
216	216	(C) a regional mobility authority under Chapter
217	217	370; or
218	218	(D) a county under Chapter 284.
219	219	SECTION 13. The following provisions of the Transportation
220	220	Code are repealed:
221	221	(1) Section 201.618(e);
222	222	(2) Chapter 227;
223	223	(3) Section 284.0032;
224	224	(4) Section 366.305;
225	225	(5) Section 370.316; and
226	226	(6) Section 545.3531.
227	227	SECTION 14. This Act takes effect immediately if it
228	228	receives a vote of two-thirds of all the members elected to each
229	229	house, as provided by Section 39, Article III, Texas Constitution.
230	230	If this Act does not receive the vote necessary for immediate
231	231	effect, this Act takes effect September 1, 2009.