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Texas House Bill HB2990

Texas 2009 - 81st Regular

Texas House Bill HB2990 Compare Versions

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11 81R10205 SLB-F
22 By: Phillips H.B. No. 2990
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to the authority and powers of regional mobility
88 authorities.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. Sections 370.003(12) and (14), Transportation
1111 Code, are amended to read as follows:
1212 (12) "Surplus revenue" means revenue that exceeds:
1313 (A) an authority's debt service requirements for
1414 a transportation project, including the redemption or purchase
1515 price of bonds subject to redemption or purchase as provided in the
1616 applicable bond proceedings;
1717 (A-1) an authority's payment obligations under a
1818 contract or agreement authorized by this chapter;
1919 (B) coverage requirements of a bond indenture for
2020 a transportation project;
2121 (C) costs of operation and maintenance for a
2222 transportation project;
2323 (D) cost of repair, expansion, or improvement of
2424 a transportation project;
2525 (E) funds allocated for feasibility studies; and
2626 (F) necessary reserves as determined by the
2727 authority.
2828 (14) "Transportation project" means:
2929 (A) a turnpike project;
3030 (B) a system;
3131 (C) a passenger or freight rail facility,
3232 including:
3333 (i) tracks;
3434 (ii) a rail line;
3535 (iii) switching, signaling, or other
3636 operating equipment;
3737 (iv) a depot;
3838 (v) a locomotive;
3939 (vi) rolling stock;
4040 (vii) a maintenance facility; and
4141 (viii) other real and personal property
4242 associated with a rail operation;
4343 (D) a roadway with a functional classification
4444 greater than a local road or rural minor collector;
4545 (E) a ferry;
4646 (F) an airport[, other than an airport that on
4747 September 1, 2005, was served by one or more air carriers engaged in
4848 scheduled interstate transportation, as those terms were defined by
4949 14 C.F.R. Section 1.1 on that date];
5050 (G) a pedestrian or bicycle facility;
5151 (H) an intermodel hub;
5252 (I) an automated conveyor belt for the movement
5353 of freight;
5454 (J) a border crossing inspection station;
5555 (K) an air quality improvement initiative;
5656 (L) a public utility facility;
5757 (M) a transit system;
5858 (M-1) a parking area, structure, or facility, or
5959 a collection device for parking fees; and
6060 (N) if applicable, projects and programs listed
6161 in the most recently approved state implementation plan for the
6262 area covered by the authority, including an early action compact.
6363 SECTION 2. Section 370.004(a), Transportation Code, is
6464 amended to read as follows:
6565 (a) The cost of acquisition, construction, improvement,
6666 extension, or expansion of a transportation project under this
6767 chapter includes the cost of:
6868 (1) the actual acquisition, construction,
6969 improvement, extension, or expansion of the transportation
7070 project;
7171 (2) the acquisition of real property, rights-of-way,
7272 property rights, easements, and other interests in real property;
7373 (3) machinery and equipment;
7474 (4) interest payable before, during, and for not more
7575 than three years after acquisition, construction, improvement,
7676 extension, or expansion as provided in the bond proceedings;
7777 (5) traffic estimates, revenue estimates, engineering
7878 and legal services, plans, specifications, surveys, appraisals,
7979 construction cost estimates, and other expenses necessary or
8080 incidental to determining the feasibility of the acquisition,
8181 construction, improvement, extension, or expansion;
8282 (6) necessary or incidental administrative, legal,
8383 and other expenses;
8484 (7) compliance with laws, regulations, and
8585 administrative rulings, including any costs associated with
8686 necessary environmental mitigation measures;
8787 (8) financing;
8888 (9) the assumption of debts, obligations, and
8989 liabilities of an entity relating to a transportation project
9090 transferred to an authority by that entity; [and]
9191 (10) expenses related to the initial operation of the
9292 transportation project; and
9393 (11) payment obligations of an authority under a
9494 contract or agreement authorized by this chapter in connection with
9595 the acquisition, construction, improvement, extension, expansion,
9696 or financing of the transportation project.
9797 SECTION 3. Sections 370.033(a), (f), and (g),
9898 Transportation Code, are amended to read as follows:
9999 (a) An authority, through its board, may:
100100 (1) adopt rules for the regulation of its affairs and
101101 the conduct of its business;
102102 (2) adopt an official seal;
103103 (3) study, evaluate, design, finance, acquire,
104104 construct, maintain, repair, and operate transportation projects,
105105 individually or as one or more systems, provided that a
106106 transportation project that is subject to Subpart C, 23 C.F.R. Part
107107 450, is:
108108 (A) included in the plan approved by the
109109 applicable metropolitan planning organization; and
110110 (B) consistent with the statewide transportation
111111 plan and the statewide transportation improvement program;
112112 (4) acquire, hold, and dispose of property in the
113113 exercise of its powers and the performance of its duties under this
114114 chapter;
115115 (5) enter into contracts or operating agreements with
116116 a similar authority, another governmental entity, or an agency of
117117 the United States, a state of the United States, the United Mexican
118118 States, or a state of the United Mexican States;
119119 (6) enter into contracts or agreements necessary or
120120 incidental to its powers and duties under this chapter;
121121 (7) cooperate and work directly with property owners
122122 and governmental entities and officials to support an activity
123123 required to promote or develop a transportation project;
124124 (8) employ and set the compensation and benefits of
125125 administrators, consulting engineers, attorneys, accountants,
126126 construction and financial experts, superintendents, managers,
127127 full-time and part-time employees, agents, consultants, and other
128128 persons as the authority considers necessary or useful;
129129 (8-a) participate in the state travel management
130130 program administered by the comptroller for the purpose of
131131 obtaining reduced airline fares and reduced travel agent fees,
132132 provided that the comptroller may charge the authority a fee not to
133133 exceed the costs incurred by the comptroller in providing services
134134 to the authority;
135135 (9) notwithstanding Sections 221.003 and 222.031 and
136136 subject to Subsections (j) and (m), apply for, directly or
137137 indirectly receive and spend loans, gifts, grants, and other
138138 contributions for any purpose of this chapter, including the
139139 construction of a transportation project, and receive and spend
140140 contributions of money, property, labor, or other things of value
141141 from any source, including the United States, a state of the United
142142 States, the United Mexican States, a state of the United Mexican
143143 States, the commission, the department, a subdivision of this
144144 state, or a governmental entity or private entity, to be used for
145145 the purposes for which the grants, loans, or contributions are
146146 made, and enter into any agreement necessary for the grants, loans,
147147 or contributions;
148148 (10) install, construct, or contract for the
149149 construction of public utility facilities, direct the time and
150150 manner of construction of a public utility facility in, on, along,
151151 over, or under a transportation project, or request the removal or
152152 relocation of a public utility facility in, on, along, over, or
153153 under a transportation project;
154154 (11) organize a corporation under Chapter 431 for the
155155 promotion and development of transportation projects;
156156 (12) adopt and enforce rules not inconsistent with
157157 this chapter for the use of any transportation project, including
158158 tolls, fares, or other user fees, speed and weight limits, and
159159 traffic and other public safety rules, provided that an authority
160160 must consider the same factors that the Texas Turnpike Authority
161161 division of the department must consider in altering a prima facie
162162 speed limit under Section 545.354;
163163 (13) enter into leases, operating agreements, service
164164 agreements, licenses, franchises, and similar agreements with a
165165 public or private party governing the party's use of all or any
166166 portion of a transportation project and the rights and obligations
167167 of the authority with respect to a transportation project;
168168 (14) borrow money from or enter into a loan agreement
169169 or other arrangement with the state infrastructure bank, the
170170 department, the commission, or any other public or private entity;
171171 and
172172 (15) do all things necessary or appropriate to carry
173173 out the powers and duties expressly granted or imposed by this
174174 chapter.
175175 (f) An authority and a governmental entity may enter into a
176176 contract, agreement, interlocal agreement, or other similar
177177 arrangement under which the authority may plan, design, construct,
178178 or operate a transportation project on behalf of the governmental
179179 entity. An authority may enter into a contract with the department
180180 under which the authority will plan, develop, operate, or maintain
181181 a transportation project on behalf of the department, subject to
182182 the transportation project being in the authority's area of
183183 jurisdiction. A contract or agreement under this subsection may
184184 contain terms and conditions as may be approved by an authority,
185185 including payment obligations of the governmental entity and the
186186 authority.
187187 (g) Payments to be made to an authority under a contract or
188188 agreement described by Subsection (f) constitute operating
189189 expenses of the transportation project or system that is to be
190190 operated under the contract. The contract may extend for the number
191191 of years as agreed to by the parties.
192192 SECTION 4. Subchapter B, Chapter 370, Transportation Code,
193193 is amended by adding Section 370.040 to read as follows:
194194 Sec. 370.040. TOLL COLLECTION. (a) An authority shall
195195 provide, for reasonable compensation, customer service and other
196196 toll collection and enforcement services for a toll project in the
197197 geographic boundaries of the authority, regardless of whether the
198198 toll project is developed, financed, constructed, and operated
199199 under an agreement, including a comprehensive development
200200 agreement, with the authority or another entity.
201201 (b) An authority may not provide financial security for the
202202 performance of services it provides under Subsection (a) if:
203203 (1) the authority determines that providing financial
204204 security could restrict the amount or increase the cost of bonds or
205205 other debt obligations the authority may subsequently issue under
206206 this chapter; or
207207 (2) the authority is not reimbursed its cost of
208208 providing the security.
209209 (c) Subsection (a) may be waived by the authority under a
210210 written agreement between the authority and the entity developing
211211 the toll project.
212212 SECTION 5. Sections 370.071(a) and (b), Transportation
213213 Code, are amended to read as follows:
214214 (a) An authority may pay the expenses of studying the cost
215215 and feasibility of a transportation project, the design and
216216 engineering of a transportation project, and any other expenses
217217 relating to the preparation and issuance of bonds for a proposed
218218 transportation project by:
219219 (1) using legally available revenue derived from an
220220 existing transportation project;
221221 (2) borrowing money and issuing bonds or entering into
222222 a loan agreement payable out of legally available revenue
223223 anticipated to be derived from the operation of an existing
224224 transportation project; [or]
225225 (3) pledging to the payment of the bonds or a loan
226226 agreement legally available revenue anticipated to be derived from
227227 the operation of transportation projects or revenue legally
228228 available to the authority from another source; or
229229 (4) pledging to the payment of the bonds or a loan
230230 agreement the proceeds from the sale of other bonds.
231231 (b) Money spent under this section for a proposed
232232 transportation project must be reimbursed to the transportation
233233 project from which the money was spent from the proceeds of bonds
234234 issued for the acquisition and construction of the proposed
235235 transportation project, unless the transportation projects are or
236236 become part of a system under Section 370.034.
237237 SECTION 6. Section 370.072(c), Transportation Code, is
238238 amended to read as follows:
239239 (c) Money in the feasibility study fund may be used only to
240240 pay the expenses of studying the cost and feasibility of a
241241 transportation project, the design and engineering of a
242242 transportation project, and any other expenses relating to:
243243 (1) the preparation and issuance of bonds for the
244244 acquisition and construction of a proposed transportation project;
245245 (2) the financing of the improvement, extension, or
246246 expansion of an existing transportation project; and
247247 (3) private participation, as authorized by law, in
248248 the financing of a proposed transportation project, the refinancing
249249 of an existing transportation project or system, or the
250250 improvement, extension, or expansion of a transportation project.
251251 SECTION 7. Section 370.073(a), Transportation Code, is
252252 amended to read as follows:
253253 (a) One or more municipalities, counties, or other
254254 governmental entities, a combination of municipalities, counties,
255255 and other governmental entities, or a private group or combination
256256 of individuals in this state may pay all or part of the expenses of
257257 studying the cost and feasibility of a transportation project, the
258258 design and engineering of a transportation project, and any other
259259 expenses relating to:
260260 (1) the preparation and issuance of bonds for the
261261 acquisition or construction of a proposed transportation project by
262262 an authority;
263263 (2) the improvement, extension, or expansion of an
264264 existing transportation project of the authority; or
265265 (3) the use of private participation under applicable
266266 law in connection with the acquisition, construction, improvement,
267267 expansion, extension, maintenance, repair, or operation of a
268268 transportation project by an authority.
269269 SECTION 8. Section 370.113(a), Transportation Code, is
270270 amended to read as follows:
271271 (a) The principal of, interest on, and any redemption
272272 premium on bonds issued by an authority are payable solely from:
273273 (1) the revenue of the transportation project for
274274 which the bonds are issued;
275275 (2) payments made under an agreement with the
276276 commission, the department, or other governmental entity as
277277 authorized [provided] by this chapter [Subchapter G];
278278 (3) money derived from any other source available to
279279 the authority, other than money derived from a transportation
280280 project that is not part of the same system or money derived from a
281281 different system, except to the extent that the surplus revenue of a
282282 transportation project or system has been pledged for that purpose;
283283 [and]
284284 (4) amounts received under a credit agreement relating
285285 to the transportation project for which the bonds are issued; and
286286 (5) the proceeds of the sale of other bonds.
287287 SECTION 9. Section 370.114, Transportation Code, is amended
288288 to read as follows:
289289 Sec. 370.114. EFFECT OF LIEN. (a) A lien on or a pledge of
290290 revenue from a transportation project under this chapter or on a
291291 reserve, replacement, or other fund established in connection with
292292 a bond issued under this chapter or an agreement entered into under
293293 this chapter:
294294 (1) is enforceable at the time of payment for and
295295 delivery of the bond or on the effective date of the agreement;
296296 (2) applies to each item on hand or subsequently
297297 received;
298298 (3) applies without physical delivery of an item or
299299 other act; and
300300 (4) is enforceable against any person having a claim,
301301 in tort, contract, or other remedy, against the applicable
302302 authority without regard to whether the person has notice of the
303303 lien or pledge.
304304 (b) A copy of any bond resolution shall [is not required to]
305305 be maintained [recorded except] in the regular records of the
306306 authority.
307307 SECTION 10. Section 370.172, Transportation Code, is
308308 amended by amending Subsection (b) and adding Subsection (k) to
309309 read as follows:
310310 (b) Tolls, fees, fares, or other charges must be set at
311311 rates or amounts so that the aggregate of tolls, fees, fares, or
312312 other charges from an authority's transportation project, together
313313 with other revenue of the transportation project:
314314 (1) provides revenue sufficient to pay:
315315 (A) the cost of maintaining, repairing, and
316316 operating the transportation project; [and]
317317 (B) the principal of and interest on any bonds
318318 issued for the transportation project as those bonds become due and
319319 payable; and
320320 (C) any other payment obligations of an authority
321321 under a contract or agreement authorized under this chapter; and
322322 (2) creates reserves for a purpose listed under
323323 Subdivision (1).
324324 (k) Notwithstanding any other provision of this chapter to
325325 the contrary, an authority may pledge all or any part of its
326326 revenues and any other funds available to the authority to the
327327 payment of any obligations of the authority under a contract or
328328 agreement authorized by this chapter.
329329 SECTION 11. Section 370.173(c), Transportation Code, is
330330 amended to read as follows:
331331 (c) The authority may use money in the revolving fund to:
332332 (1) finance the acquisition, construction,
333333 maintenance, or operation of a transportation project, including
334334 the extension, expansion, or improvement of a transportation
335335 project;
336336 (2) provide matching money required in connection with
337337 any federal, state, local, or private aid, grant, or other funding,
338338 including aid or funding by or with public-private partnerships;
339339 (3) provide credit enhancement either directly or
340340 indirectly for bonds issued to acquire, construct, extend, expand,
341341 or improve a transportation project;
342342 (4) provide security for or payment of future or
343343 existing debt for the design, acquisition, construction,
344344 operation, maintenance, extension, expansion, or improvement of a
345345 transportation project or system;
346346 (5) borrow money and issue bonds, promissory notes, or
347347 other indebtedness payable out of the revolving fund for any
348348 purpose authorized by this chapter; and
349349 (6) provide for any other reasonable purpose that
350350 assists in the financing of an authority as authorized by this
351351 chapter.
352352 SECTION 12. Section 370.177, Transportation Code, is
353353 amended by adding Subsection (l) to read as follows:
354354 (l) In addition to the other powers and duties provided by
355355 this chapter, with regard to its toll collection and enforcement
356356 powers for its turnpike projects or other toll projects developed,
357357 financed, constructed, and operated under an agreement, including a
358358 comprehensive development agreement, with the authority or another
359359 entity, an authority has the same powers and duties as the
360360 department under Chapter 228, a county under Chapter 284, and a
361361 regional tollway authority under Chapter 366.
362362 SECTION 13. Sections 370.251(a) and (b), Transportation
363363 Code, are amended to read as follows:
364364 (a) Except as provided by Subsection (a-1), the governing
365365 body of an authority is a board of directors consisting of
366366 representatives of each county in which a transportation project of
367367 the authority is located or is proposed to be located. The
368368 commissioners court of each county that initially forms the
369369 authority shall appoint at least two directors to the
370370 board. Additional directors may be appointed to the board at the
371371 time of initial formation by agreement of the counties creating the
372372 authority to ensure fair representation of political subdivisions
373373 in the counties of the authority that will be affected by a
374374 transportation project of the authority, provided that the number
375375 of directors must be an odd number. The commissioners court of a
376376 county that is subsequently added to the authority shall appoint at
377377 least one director to the board. The governor shall appoint one
378378 director to the board who shall serve as the presiding officer of
379379 the board and shall appoint an additional director to the board if
380380 an appointment is necessary to maintain an odd number of directors
381381 on the board.
382382 (b) The appointment [Unless the commissioners courts] of
383383 additional directors from a county subsequently added to an [the
384384 counties of the] authority or from a [unanimously agree otherwise,
385385 the commissioners court of each] county of an authority that
386386 contains an operating transportation project of the authority shall
387387 be by a process unanimously agreed to by the commissioners courts of
388388 all the counties of the authority [appoint one additional
389389 director].
390390 SECTION 14. Section 370.303, Transportation Code, is
391391 amended by amending Subsections (a) and (b) and adding Subsections
392392 (b-1) and (g) to read as follows:
393393 (a) A governmental entity [other than a nonprofit
394394 corporation] may, consistent with the Texas Constitution, issue
395395 bonds, notes, or other obligations or enter into and make payments
396396 under agreements with an authority in connection with the
397397 financing, acquisition, construction, [to acquire, construct,
398398 maintain,] or operation of [operate] a transportation project by an
399399 authority, whether inside or outside the geographic boundaries of
400400 the governmental entity, including agreements to pay the principal
401401 of, and interest on, bonds, notes, or other obligations issued by
402402 the authority and make payments under any related credit
403403 agreements. The entity may impose and collect taxes to pay the
404404 interest on the bonds and to provide a sinking fund for the
405405 redemption of the bonds.
406406 (b) In addition to the powers provided by Subsection (a), a
407407 governmental entity may, to the extent constitutionally permitted,
408408 agree with an authority to:
409409 (1) issue bonds, notes, or other obligations;
410410 (2) [,] create:
411411 (A) a taxing district;
412412 (B) a transportation reinvestment zone under
413413 Subchapter E, Chapter 222; or
414414 (C) an entity to promote economic development;
415415 (3) collect and remit to an authority taxes, fees, or
416416 assessments collected for purposes of developing transportation
417417 projects;
418418 (4) [,] fund public improvements to promote economic
419419 development;[,] or
420420 (5) enter into and make payments under an agreement to
421421 acquire, construct, maintain, or operate any portion of a
422422 transportation project of the authority.
423423 (b-1) An agreement under Subsection (b) may include a means
424424 for a local governmental entity to pledge or otherwise provide
425425 funds for a transportation project that benefits the governmental
426426 entity to be developed by the authority.
427427 (g) An agreement under this section may contain repayment or
428428 reimbursement obligations of an authority.
429429 SECTION 15. Section 370.304, Transportation Code, is
430430 amended to read as follows:
431431 Sec. 370.304. ADDITIONAL AGREEMENTS OF AUTHORITY. An
432432 authority may enter into any contract, loan agreement, or other
433433 agreement necessary or convenient to achieve the purposes of this
434434 subchapter.
435435 SECTION 16. The heading to Section 370.314, Transportation
436436 Code, is amended to read as follows:
437437 Sec. 370.314. DESIGN-BUILD AND CONSTRUCTION
438438 MANAGER-AT-RISK PROCEDURES.
439439 SECTION 17. Section 370.314, Transportation Code, is
440440 amended by adding Subsections (c) and (d) to read as follows:
441441 (c) Notwithstanding any other law requiring a competitive
442442 bidding procedure, an authority may enter into a contract for the
443443 construction of a turnpike project by a construction
444444 manager-at-risk procedure under which the construction
445445 manager-at-risk provides consultation to the authority during the
446446 design of the turnpike project and is responsible for the
447447 construction of the turnpike project in accordance with the
448448 authority's specifications. A construction manager-at-risk shall
449449 be selected on the basis of criteria established by the authority,
450450 which may include the construction manager-at-risk's experience,
451451 past performance, safety record, proposed personnel and
452452 methodology, proposed fees, and other appropriate factors that
453453 demonstrate the construction manager-at-risk's ability to provide
454454 the best value to the authority and to deliver the required services
455455 in accordance with the authority's specifications.
456456 (d) The authority shall adopt rules governing the award of
457457 contracts using construction manager-at-risk procedures under this
458458 section.
459459 SECTION 18. Section 371.051(a), Transportation Code, as
460460 added by Chapter 103 (H.B. 570), Acts of the 80th Legislature,
461461 Regular Session, 2007, is amended to read as follows:
462462 (a) A toll project entity may not use motor vehicle
463463 registration or other information derived from a license plate on a
464464 vehicle using a toll project, including information obtained by the
465465 use of automated enforcement technology described by Section
466466 228.058, for purposes other than those related to:
467467 (1) toll collection, [and] toll collection
468468 enforcement, and toll project development and operation; and
469469 (2) law enforcement purposes on request by a law
470470 enforcement agency[, subject to Section 228.058(d)].
471471 SECTION 19. Section 370.317(d), Transportation Code, is
472472 repealed.
473473 SECTION 20. This Act takes effect immediately if it
474474 receives a vote of two-thirds of all the members elected to each
475475 house, as provided by Section 39, Article III, Texas Constitution.
476476 If this Act does not receive the vote necessary for immediate
477477 effect, this Act takes effect September 1, 2009.