Texas 2009 - 81st Regular

Texas House Bill HB2334 Compare Versions

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

Old	New	Differences
1	1	81R3866 JTS-F
2	2	By: Geren H.B. No. 2334
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the powers and duties of a regional tollway authority,
8	8	including the establishment of an administrative adjudication
9	9	hearing procedure; creating an offense.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 366.038, Transportation Code, is amended
12	12	to read as follows:
13	13	Sec. 366.038. TOLL COLLECTION. (a) An authority shall
14	14	provide, for reasonable compensation, customer service and other
15	15	toll collection and enforcement services for a toll project in the
16	16	boundaries of the authority, regardless of whether the toll project
17	17	is developed, financed, constructed, and operated under an
18	18	agreement, including a comprehensive development agreement, with
19	19	the authority or another entity.
20	20	(b) An authority may not provide financial security for the
21	21	performance of services it provides under Subsection (a) if:
22	22	(1) the authority determines that providing security
23	23	could restrict the amount, or increase the cost, of bonds or other
24	24	debt obligations the authority may subsequently issue under this
25	25	chapter; or
26	26	(2) the authority is not reimbursed its cost of
27	27	providing the security.
28	28	SECTION 2. Section 366.178, Transportation Code, is amended
29	29	by adding Subsection (j) to read as follows:
30	30	(j) In addition to the other powers and duties provided by
31	31	this chapter, an authority has the same powers and duties as the
32	32	department under Chapter 228, a county under Chapter 284, and a
33	33	regional mobility authority under Chapter 370, regarding the
34	34	authority's toll collection and enforcement powers for:
35	35	(1) the authority's turnpike projects; and
36	36	(2) other toll projects developed, financed,
37	37	constructed, or operated under an agreement, including a
38	38	comprehensive development agreement, with the authority.
39	39	SECTION 3. Section 366.185, Transportation Code, is amended
40	40	by adding Subsection (d-2) to read as follows:
41	41	(d-2) Notwithstanding Subsection (d-1), if the contract
42	42	amount exceeds $50 million, the rules adopted under Subsection (d)
43	43	may provide for a stipend to be offered to an unsuccessful
44	44	design-build firm that submits a response to the authority's
45	45	request for additional information, in an amount that:
46	46	(1) may exceed $250,000; and
47	47	(2) is reasonably necessary, as determined by the
48	48	authority in its sole discretion, to compensate the unsuccessful
49	49	firm for:
50	50	(A) preliminary engineering costs associated
51	51	with the development of the proposal by the firm; and
52	52	(B) the value of the work product contained in
53	53	the proposal, including the techniques, methods, processes, and
54	54	information contained in the proposal.
55	55	SECTION 4. Subchapter E, Chapter 366, Transportation Code,
56	56	is amended by adding Sections 366.186 and 366.187 to read as
57	57	follows:
58	58	Sec. 366.186. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE
59	59	ON TURNPIKE PROJECT. (a) An authority by order of its executive
60	60	director may prohibit the operation of a motor vehicle on a turnpike
61	61	project if:
62	62	(1) an operator of the vehicle has failed to pay a
63	63	toll, fine, or administrative fee imposed under Section 366.178;
64	64	and
65	65	(2) the authority provides notice to the registered
66	66	owner of the vehicle of the unpaid toll, fine, or administrative
67	67	fee.
68	68	(b) The notice required by Subsection (a)(2) must be mailed
69	69	to the registered owner of the vehicle at least 30 days before the
70	70	date the prohibition takes effect.
71	71	(c) If the registered owner of the vehicle fails to pay a
72	72	toll, fine, or administrative fee before the 31st day after the
73	73	notice under Subsection (b) is mailed, the authority may impose a
74	74	reasonable cost for expenses associated with collecting the unpaid
75	75	toll, fine, and administrative fee.
76	76	Sec. 366.187. VIOLATION OF ORDER; OFFENSE. (a) A person
77	77	commits an offense if the person operates a motor vehicle or causes
78	78	or allows the operation of a motor vehicle on a turnpike project in
79	79	violation of an order issued under Section 366.186.
80	80	(b) An offense under this section is a Class C misdemeanor.
81	81	SECTION 5. Section 366.260, Transportation Code, is amended
82	82	to read as follows:
83	83	Sec. 366.260. CERTAIN CONTRACTS [AND SALES] PROHIBITED.
84	84	(a) A director, agent, or employee of an authority may not,
85	85	outside the person's service to that authority, otherwise[:
86	86	[(1)] contract with the authority[; or
87	87	[(2) be directly or indirectly interested in:
88	88	[(A) a contract with the authority; or
89	89	[(B) the sale of property to the authority].
90	90	(b) A person who violates Subsection (a) is liable for a
91	91	civil penalty to the authority not to exceed $1,000.
92	92	SECTION 6. Section 366.303, Transportation Code, is amended
93	93	by amending Subsection (d) and adding Subsections (f) and (g) to
94	94	read as follows:
95	95	(d) The term of an agreement under Subsections (a) through
96	96	(c) [this section] may not exceed 40 years.
97	97	(f) Except as provided by Subsection (g), a local
98	98	governmental entity may not own, construct, maintain, or operate a
99	99	turnpike project or other toll project, as that term is defined by
100	100	Section 201.001, in a county that is part of an authority unless the
101	101	local governmental entity and the authority enter into a written
102	102	agreement specifying the terms and conditions under which the
103	103	project will be undertaken.
104	104	(g) Subsection (f) does not apply to a turnpike project or
105	105	toll project located in a county to which an authority has
106	106	transferred under Section 366.036 or leased, sold, or conveyed
107	107	under Section 366.172:
108	108	(1) all turnpike projects of the authority that are
109	109	located in the county; and
110	110	(2) all work product developed by the authority in
111	111	determining the feasibility of the construction, improvement,
112	112	extension, or expansion of a turnpike project to be located in the
113	113	county.
114	114	SECTION 7. Section 366.407(g), Transportation Code, is
115	115	amended to read as follows:
116	116	(g) Except as provided by this subsection, a comprehensive
117	117	development agreement with a private participant that includes the
118	118	collection by the private participant of tolls for the use of a toll
119	119	project may be for a term not longer than 50 years from the later of
120	120	the date of final acceptance of the project or the start of revenue
121	121	operations by the private participant, not to exceed a total term of
122	122	52 years. The contract must contain an explicit mechanism for
123	123	setting the price for the purchase by the authority [department] of
124	124	the interest of the private participant in the contract and related
125	125	property, including any interest in a highway or other facility
126	126	designed, developed, financed, constructed, operated, or
127	127	maintained under the contract.
128	128	SECTION 8. Chapter 366, Transportation Code, is amended by
129	129	adding Subchapter I to read as follows:
130	130	SUBCHAPTER I. ADMINISTRATIVE ADJUDICATION HEARING PROCEDURE
131	131	Sec. 366.451. ADOPTION OF ADMINISTRATIVE ADJUDICATION
132	132	HEARING PROCEDURE. (a) The board of an authority may adopt an
133	133	administrative adjudication hearing procedure for a person who is
134	134	suspected of having violated an order issued under Section 366.186
135	135	on at least two separate occasions within a twelve-month period.
136	136	(b) A hearing procedure adopted under Subsection (a) must:
137	137	(1) establish a period of not less than 30 days from
138	138	the date notice of the second violation is provided as described in
139	139	Section 366.186 during which a person may:
140	140	(A) pay the toll, fine, or administrative fee; or
141	141	(B) request a hearing;
142	142	(2) provide for appointment by the authority of one or
143	143	more hearing officers to conduct administrative adjudication
144	144	hearings and authorize the officers to administer oaths and issue
145	145	orders compelling the attendance of witnesses and the production of
146	146	documents; and
147	147	(3) establish the amount and provide for the
148	148	disposition of the toll, fine, and administrative fee.
149	149	(c) An order issued under Subsection (b)(2) may be enforced
150	150	by a justice of the peace.
151	151	Sec. 366.452. NOTICE OF HEARING. (a) If a person requests a
152	152	hearing under Section 366.451(b)(1)(B), the authority shall:
153	153	(1) inform the person of the time and place of the
154	154	hearing; and
155	155	(2) notify the person that the person has the right to
156	156	a hearing without delay.
157	157	(b) The original or any copy of the summons or citation is a
158	158	record kept in the ordinary course of business of the authority and
159	159	is rebuttable proof of the facts it contains.
160	160	Sec. 366.453. ADMINISTRATIVE HEARING: PRESUMPTION;
161	161	EVIDENCE OF OWNERSHIP. (a) In an administrative adjudication
162	162	hearing under Section 366.451, it is presumed that the registered
163	163	owner of the motor vehicle that is the subject of the hearing is the
164	164	person who operated or who caused or allowed the operation of the
165	165	motor vehicle in violation of the order.
166	166	(b) In an administrative adjudication hearing under Section
167	167	366.451, a computer record of the authority or the department of the
168	168	registered vehicle owner is prima facie evidence of its contents
169	169	and that the person named in the record was the registered owner of
170	170	the vehicle at the time the violation occurred.
171	171	(c) In an administrative adjudication hearing under Section
172	172	366.451, proof of the violation of the order may be shown by
173	173	testimony of a peace officer or authority employee, video recording
174	174	or surveillance, photograph, electronic recording, or any other
175	175	reasonable evidence, including evidence obtained by automated
176	176	enforcement technology.
177	177	(d) In an administrative adjudication hearing under Section
178	178	366.451, it is a defense that the motor vehicle in question was
179	179	stolen before the failure to pay the proper toll occurred and was
180	180	not recovered by the time of the failure to pay, but only if the
181	181	theft was reported to the appropriate law enforcement authority
182	182	before the earlier of:
183	183	(1) the occurrence of the failure to pay; or
184	184	(2) eight hours after the discovery of the theft.
185	185	(e) In an administrative adjudication hearing under Section
186	186	366.451, a registered owner who is the lessor of a vehicle for which
187	187	a notice of nonpayment has been issued is not liable for a toll,
188	188	fine, or administrative fee if, not later than the 30th day after
189	189	the date the notice of nonpayment is mailed, the registered owner
190	190	provides to the authority a copy of the lease agreement covering the
191	191	vehicle on the date of the nonpayment. The name and address of the
192	192	lessee must be clearly legible. If the lessor timely provides the
193	193	required information, the lessee of the vehicle on the date of the
194	194	violation is considered to be the registered owner of the vehicle
195	195	for purposes of an administrative adjudication hearing under
196	196	Section 366.451. The lessee is subject to prosecution for failure
197	197	to pay the proper toll if the authority sends a notice of nonpayment
198	198	to the lessee by first-class mail not later than the 30th day after
199	199	the date of the receipt of the information from the lessor.
200	200	Sec. 366.454. ATTENDANCE AT HEARING. (a) A witness of a
201	201	violation of an order adopted under Section 366.186 is not required
202	202	to attend the administrative adjudication hearing related to that
203	203	violation.
204	204	(b) The failure of the person who requested the hearing to
205	205	appear at an administrative adjudication hearing under Section
206	206	366.451 is considered an admission of liability for the violation.
207	207	Sec. 366.455. DECISION OF HEARING OFFICER. (a) At the
208	208	conclusion of a hearing under this subchapter, the hearing officer
209	209	shall issue a decision stating:
210	210	(1) whether the person is liable for a violation of the
211	211	order; and
212	212	(2) the amount of the toll, fine, and administrative
213	213	fee to be assessed against the person.
214	214	(b) The hearing officer shall file the decision with the
215	215	secretary of the authority.
216	216	(c) Each decision of a hearing officer filed under
217	217	Subsection (b) must be kept in a separate index and file. The
218	218	decision may be recorded using a computer printout, microfilm,
219	219	microfiche, or a similar data processing technique.
220	220	Sec. 366.456. ENFORCEMENT OF DECISION. (a) An authority may
221	221	enforce a decision issued under Section 366.455 by any or all of the
222	222	following:
223	223	(1) requesting any peace officer or other public
224	224	servant authorized to do so to place a device that prohibits
225	225	movement of a motor vehicle on the vehicle that is the subject of
226	226	the decision;
227	227	(2) imposing an additional fee if the amount specified
228	228	in the decision is not paid within a specified time; and
229	229	(3) requesting the department to refuse to allow the
230	230	registration of the vehicle that is the subject of the decision.
231	231	(b) The department may refuse to register a vehicle as
232	232	requested by an authority under Subsection (a).
233	233	Sec. 366.457. APPEAL OF HEARING OFFICER DECISION. (a)
234	234	Except as provided by Subsection (b), a person determined by a
235	235	hearing officer to be in violation of an order may appeal the
236	236	decision to any justice court in the county in which the authority's
237	237	main administrative office is located.
238	238	(b) If applicable law either prohibits an appeal from being
239	239	filed in a justice court or instead requires the appeal to be filed
240	240	in a county court-at-law, the person may appeal the determination
241	241	to the county court-at-law in the county in which the authority's
242	242	main administrative offices are located.
243	243	(c) To appeal, the person must file a petition with the
244	244	court not later than the 30th day after the date the hearing
245	245	officer's decision is filed with the secretary of the authority.
246	246	The petition must be accompanied by payment of the costs required by
247	247	law for the court.
248	248	Sec. 366.458. HEARING ON APPEAL. The court in which a
249	249	petition is filed shall:
250	250	(1) schedule a hearing;
251	251	(2) notify all parties of the date, time, and place of
252	252	the hearing; and
253	253	(3) conduct a trial de novo.
254	254	Sec. 366.459. EFFECT OF APPEAL. Service of notice of appeal
255	255	does not stay the enforcement and collection of the decision of the
256	256	hearing officer unless the person who files the appeal posts a bond
257	257	with an agency or entity designated by the authority to accept
258	258	payment for a violation.
259	259	SECTION 9. Section 552.116(a), Government Code, is amended
260	260	to read as follows:
261	261	(a) An audit working paper of an audit of the state auditor
262	262	or the auditor of a state agency, an institution of higher education
263	263	as defined by Section 61.003, Education Code, a county, a
264	264	municipality, a school district, [or] a joint board operating
265	265	under Section 22.074, Transportation Code, or a toll project
266	266	entity as defined by Section 371.001, Transportation Code, as added
267	267	by Chapter 103 (H.B. 570), Acts of the 80th Legislature, Regular
268	268	Session, 2007, including any audit relating to the criminal history
269	269	background check of a public school employee, is excepted from the
270	270	requirements of Section 552.021. If information in an audit
271	271	working paper is also maintained in another record, that other
272	272	record is not excepted from the requirements of Section 552.021 by
273	273	this section.
274	274	SECTION 10. Section 552.116(b)(1), Government Code, is
275	275	amended to read as follows:
276	276	(1) "Audit" means an audit authorized or required by a
277	277	statute of this state or the United States, the charter or an
278	278	ordinance of a municipality, an order of the commissioners court of
279	279	a county, a resolution or other action of a board of trustees of a
280	280	school district, including an audit by the district relating to the
281	281	criminal history background check of a public school employee, or a
282	282	resolution or other action of a joint board or the governing board
283	283	of a toll project entity described by Subsection (a) and includes an
284	284	investigation.
285	285	SECTION 11. Sections 366.2521 and 366.2522, Transportation
286	286	Code, are repealed.
287	287	SECTION 12. This Act takes effect immediately if it
288	288	receives a vote of two-thirds of all the members elected to each
289	289	house, as provided by Section 39, Article III, Texas Constitution.
290	290	If this Act does not receive the vote necessary for immediate
291	291	effect, this Act takes effect September 1, 2009.