S.B. No. 882
AN ACT
relating to the powers and duties of a regional tollway authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.178, Transportation Code, is amended
by adding Subsection (j) to read as follows:
(j) In addition to the other powers and duties provided by
this chapter, an authority has the same powers and duties as the
department under Chapter 228, a county under Chapter 284, and a
regional mobility authority under Chapter 370, regarding the
authority's toll collection and enforcement powers for:
(1) the authority's turnpike projects; and
(2) other toll projects developed, financed,
constructed, or operated under an agreement, including a
comprehensive development agreement, with the authority.
SECTION 2. Section 366.185, Transportation Code, is amended
by adding Subsection (d-2) to read as follows:
(d-2) Notwithstanding Subsection (d-1), if the contract
amount exceeds $50 million, the rules adopted under Subsection (d)
may provide for a stipend to be offered to an unsuccessful
design-build firm that submits a response to the authority's
request for additional information, in an amount that:
(1) may exceed $250,000; and
(2) is reasonably necessary, as determined by the
authority in its sole discretion, to compensate an unsuccessful
firm for:
(A) preliminary engineering costs associated
with the development of the proposal by the firm; and
(B) the value of the work product contained in
the proposal, including the techniques, methods, processes, and
information contained in the proposal.
SECTION 3. Subsection (g), Section 366.407, Transportation
Code, is amended to read as follows:
(g) Except as provided by this subsection, a comprehensive
development agreement with a private participant that includes the
collection by the private participant of tolls for the use of a toll
project may be for a term not longer than 50 years from the later of
the date of final acceptance of the project or the start of revenue
operations by the private participant, not to exceed a total term of
52 years. The contract must contain an explicit mechanism for
setting the price for the purchase by the authority [department] of
the interest of the private participant in the contract and related
property, including any interest in a highway or other facility
designed, developed, financed, constructed, operated, or
maintained under the contract.
SECTION 4. Sections 366.2521 and 366.2522, Transportation
Code, are repealed.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 882 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0; and that
the Senate concurred in House amendment on May 28, 2009, by the
following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 882 passed the House, with
amendment, on May 26, 2009, by the following vote: Yeas 143,
Nays 0, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor