Texas 2009 - 81st Regular

Texas Senate Bill SB882 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	S.B. No. 882
2	2
3	3
4	4	AN ACT
5	5	relating to the powers and duties of a regional tollway authority.
6	6	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
7	7	SECTION 1. Section 366.178, Transportation Code, is amended
8	8	by adding Subsection (j) to read as follows:
9	9	(j) In addition to the other powers and duties provided by
10	10	this chapter, an authority has the same powers and duties as the
11	11	department under Chapter 228, a county under Chapter 284, and a
12	12	regional mobility authority under Chapter 370, regarding the
13	13	authority's toll collection and enforcement powers for:
14	14	(1) the authority's turnpike projects; and
15	15	(2) other toll projects developed, financed,
16	16	constructed, or operated under an agreement, including a
17	17	comprehensive development agreement, with the authority.
18	18	SECTION 2. Section 366.185, Transportation Code, is amended
19	19	by adding Subsection (d-2) to read as follows:
20	20	(d-2) Notwithstanding Subsection (d-1), if the contract
21	21	amount exceeds $50 million, the rules adopted under Subsection (d)
22	22	may provide for a stipend to be offered to an unsuccessful
23	23	design-build firm that submits a response to the authority's
24	24	request for additional information, in an amount that:
25	25	(1) may exceed $250,000; and
26	26	(2) is reasonably necessary, as determined by the
27	27	authority in its sole discretion, to compensate an unsuccessful
28	28	firm for:
29	29	(A) preliminary engineering costs associated
30	30	with the development of the proposal by the firm; and
31	31	(B) the value of the work product contained in
32	32	the proposal, including the techniques, methods, processes, and
33	33	information contained in the proposal.
34	34	SECTION 3. Subsection (g), Section 366.407, Transportation
35	35	Code, is amended to read as follows:
36	36	(g) Except as provided by this subsection, a comprehensive
37	37	development agreement with a private participant that includes the
38	38	collection by the private participant of tolls for the use of a toll
39	39	project may be for a term not longer than 50 years from the later of
40	40	the date of final acceptance of the project or the start of revenue
41	41	operations by the private participant, not to exceed a total term of
42	42	52 years. The contract must contain an explicit mechanism for
43	43	setting the price for the purchase by the authority [department] of
44	44	the interest of the private participant in the contract and related
45	45	property, including any interest in a highway or other facility
46	46	designed, developed, financed, constructed, operated, or
47	47	maintained under the contract.
48	48	SECTION 4. Sections 366.2521 and 366.2522, Transportation
49	49	Code, are repealed.
50	50	SECTION 5. This Act takes effect immediately if it receives
51	51	a vote of two-thirds of all the members elected to each house, as
52	52	provided by Section 39, Article III, Texas Constitution. If this
53	53	Act does not receive the vote necessary for immediate effect, this
54	54	Act takes effect September 1, 2009.
55	55	______________________________ ______________________________
56	56	President of the Senate Speaker of the House
57	57	I hereby certify that S.B. No. 882 passed the Senate on
58	58	April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
59	59	the Senate concurred in House amendment on May 28, 2009, by the
60	60	following vote: Yeas 31, Nays 0.
61	61	______________________________
62	62	Secretary of the Senate
63	63	I hereby certify that S.B. No. 882 passed the House, with
64	64	amendment, on May 26, 2009, by the following vote: Yeas 143,
65	65	Nays 0, one present not voting.
66	66	______________________________
67	67	Chief Clerk of the House
68	68	Approved:
69	69	______________________________
70	70	Date
71	71	______________________________
72	72	Governor