81R38835 JD/ACP/JTS/MTB/SLB-D
By: Hegar S.R. No. 1107
R E S O L U T I O N
BE IT RESOLVED by the Senate of the State of Texas, 81st
Legislature, Regular Session, 2009, That Senate Rule 12.03 be
suspended in part as provided by Senate Rule 12.08 to enable the
conference committee appointed to resolve the differences on House
Bill 300 (the continuation and functions of the Texas Department of
Transportation; providing penalties) to consider and take action on
the following matters:
(1) Senate Rules 12.03(1) and (2) are suspended to permit
the committee to alter and omit text which is not in disagreement in
Section 1.04 of the bill at the end of added Section 201.117,
Transportation Code, which relates to the use of available
technology to enhance compliance with the Texas Motor Vehicle
Safety Responsibility Act and was included in both the house and
senate versions of the bill, so that the added section omits text
relating to the Texas Motor Vehicle Safety Responsibility Act to
read as follows:
Sec. 201.117. TECHNOLOGICAL SOLUTIONS. The commission
shall implement a policy requiring the department to use
appropriate technological solutions to improve the department's
ability to perform its functions. The policy must ensure that the
public is able to interact with the department on the Internet.
Explanation: The change is necessary because enforcement of
the Texas Motor Vehicle Safety Responsibility Act is more
appropriately a law enforcement of the Public Safety Commission
than a function of the Texas Transportation Commission.
(2) Senate Rules 12.03(1) and (4) are suspended to permit
the committee, in Section 1.12 of the bill, to add Subsection (b) to
Section 1.12 to read as follows:
(b) Not later than January 1, 2010, the Texas Transportation
Commission shall adopt the rules required by Section 202.031(a-1),
Transportation Code, as added by Subsection (a) of this section.
Explanation: This change is necessary because added Section
202.031(a-1), Transportation Code, requires the Texas
Transportation Commission to adopt certain rules, but does not
specify a date by which the rules must be adopted.
(3) Senate Rules 12.03(1) and (2), are suspended to permit
the committee to alter and omit text which is not in disagreement in
Section 1.40 of the bill in added Section 311.905, Transportation
Code, by deleting references to the Texas Department of
Transportation that were in both the house and senate versions of
the bill, so that the added section reads as follows:
Sec. 311.905. NOTICE OF TRANSPORTATION USER'S FEE BY
MUNICIPALITY. (a) A municipality that imposes a fee on the user of
a benefited property equal to the prorated annual cost of the
transportation system owned by the municipality that can reasonably
be attributed to the benefited property must provide notice to the
user of the fee.
(b) The notice to the user required under Subsection (a) is
adequate if the fee amount is stated on monthly billing statements
to the user for metered utility service provided by the
municipality to the user.
Explanation: This change is necessary because added Section
311.905, Transportation Code, relates to the authority of a
municipality to impose certain fees on property owners, which is a
purely local matter, and the added requirement that the Texas
Department of Transportation be provided notice of the imposition
of such a fee is unnecessary and serves no purpose.
(4) Senate Rules 12.03(3) and (4) are suspended to permit
the committee, in SECTION 2.04 of the bill, to add text to Section
201.981, Transportation Code, to read as follows:
Sec. 201.981. DEFINITIONS. In this subchapter:
(1) "Local transportation entity" means an entity that
participates in the transportation planning process. The term
includes:
(A) a metropolitan planning organization;
(B) a rural planning organization;
(C) a regional tollway authority organized under
Chapter 366;
(D) a regional transportation authority
operating under Chapter 452;
(E) a rural transit district as defined by
Section 458.001;
(F) a coordinated county transportation
authority operating under Chapter 460;
(G) a regional mobility authority operating
under Chapter 370; and
(H) a county, including a county operating under
Chapter 284.
(2) "Planning organization" means:
(A) a metropolitan planning organization;
(B) a rural planning organization; or
(C) for an area that is not in the boundaries of a
metropolitan planning organization or a rural planning
organization, the department district.
(3) "Transportation project" means the planning,
right-of-way acquisition, expansion, improvement, addition, or
contract maintenance, other than the routine or contracted routine
maintenance, of:
(A) a bridge;
(B) a highway;
(C) a toll road or toll road system;
(D) a railroad;
(E) an enhancement of a roadway that increases
the safety of the traveling public;
(F) an air quality improvement initiative; or
(G) a transportation enhancement activity under
23 U.S.C. Section 133.
Explanation: This change is necessary for the definition of
"local transportation entity" to include a county, including a
county operating under Chapter 284.
(5) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add Section 201.9841(b) to proposed Subchapter P,
Chapter 201, Transportation Code:
(b) In this subchapter, unless the context clearly
indicates otherwise, "funds" or "funding" means the estimates of
federal and state money reasonably expected to be available for
expenditure on transportation projects during the relevant period.
Explanation: This change is necessary to provide for a
definition for "funds" and "funding" for the purpose of the
requirement that the commission use a cash flow forecast to
allocate funding to the planning organizations.
(6) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add Section 201.987(e) to proposed Subchapter P,
Transportation Code:
(e) The department shall use the planning organizations'
project lists to create the statewide transportation program and
budget. The statewide transportation program and budget must
include:
(1) the official cash flow forecast under Section
201.984; and
(2) each region's estimated allocation of funds.
Explanation: This change is necessary to provide for the
requirement that the Texas Department of Transportation use the
planning organizations' project lists to create the statewide
transportation program and budget.
(7) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add Section 201.988 to proposed Subchapter P,
Chapter 201, Transportation Code:
Sec. 201.988. TRANSPORTATION ALLOCATION FUNDING FORMULA.
(a) The commission shall adopt rules that create funding formulas
for transportation projects. In developing the formulas the
commission shall consider the input of planning organizations,
transportation officials, and county and municipal officials.
(b) The commission shall allocate to metropolitan planning
organizations operating in areas that are a transportation
management area, as defined by 23 U.S.C. Section 134(k), the
following categories of funds:
(1) metropolitan area corridor projects;
(2) metropolitan mobility and rehabilitation
projects;
(3) congestion mitigation and air quality improvement
projects in non-attainment areas; and
(4) a percentage of transportation enhancements
project funding as determined by formula for projects recommended
by the metropolitan planning organizations under rules adopted by
the commission.
(c) The commission shall allocate to metropolitan planning
organizations that are not a transportation management area, as
defined by 23 U.S.C. Section 134(k), the following categories of
funds:
(1) urban area corridor projects; and
(2) a percentage of transportation enhancements
project funding as determined by formula for projects recommended
by the metropolitan planning organizations under rules adopted by
the commission.
(d) The funds allocated under Subsections (b) and (c) shall
be allocated by a formula to each metropolitan planning
organization that takes into consideration performance measures
and includes at least the following criteria:
(1) lane miles;
(2) level of congestion;
(3) percentage of population below federal poverty
level;
(4) census population;
(5) safety;
(6) total vehicle miles traveled; and
(7) truck vehicle miles traveled.
(e) The commission shall provide funding estimates to the
planning organizations for the project costs of all transportation
projects. The commission shall adopt appropriate formulas for the
different types of transportation projects, including funding for
statewide connectivity projects. The commission shall adopt rules
for all transportation formulas.
Explanation: This change is necessary to provide for the
development of funding formulas for transportation projects.
(8) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add Section 201.9892(b) to proposed Subchapter P,
Chapter 201, Transportation Code:
(b) At a minimum, the performance measures adopted under
Subsection (a) must include:
(1) the peak hour travel congestion in the eight
largest metropolitan areas in contrast with previous state fiscal
years;
(2) the percentage of projects for which environmental
clearance is obtained on or before the planned implementation
timelines;
(3) the percentage of projects for which right-of-way
acquisition is completed on or before the planned implementation
timelines;
(4) the percentage of parcels acquired through
negotiation;
(5) the average time between selection and execution
of a contract for engineering services;
(6) the total amount spent for right-of-way as a
percentage of the original estimated amount;
(7) the percentage of highway improvement contracts
executed on or before the planned implementation timelines for
letting;
(8) the percentage of construction contracts executed
on or before the planned letting date;
(9) the total amount spent for construction contracts
as a percentage of the final design estimated amount;
(10) for all highway improvement contracts completed
during the state fiscal year, the percentage completed within 20
percent of the original contract time;
(11) construction contract adjustments as a
percentage of original contract price;
(12) for all highway improvement contracts completed
during the state fiscal year, the percentage completed within 10
percent of the original contract price;
(13) for all highway improvement contracts completed
during the state fiscal year, the percentage of the total contract
adjustments as a percentage of the total original contract price;
(14) of the federal funds subject to forfeiture at the
end of the state fiscal year, the percentage that was committed by
the department;
(15) the amounts of cash receipts and disbursements in
contrast with the forecasted amounts;
(16) the amount obligated to be spent in connection
with contracts or participation in contracts with minority,
disadvantaged, and small business enterprises as a percentage of
the amount spent on all contracts;
(17) the percentage of lane miles on the state highway
system that have a pavement condition rating of excellent or good;
(18) the number of lane miles on the state highway
system that were resurfaced in contrast with the number planned;
and
(19) the number of vehicle miles traveled in contrast
with previous state fiscal years.
Explanation: This change is necessary to provide for the
Texas Department of Transportation to develop minimum performance
measures for the work plan required by proposed Section 201.989,
Transportation Code.
(9) Senate Rule 12.03(4) is suspended to permit the
committee to add text not included in either version of the bill in
proposed SECTION 4.03 of the bill, in added Section 223.201(j),
Transportation Code, so that it reads as follows:
(j) Notwithstanding any other law to the contrary:
(1) the department's authority to enter into a
comprehensive development agreement and any related facility
agreement, whether under this section or any other law, is limited
to highway, road, and rail projects, and may not be considered to
extend to projects involving public utilities or any other facility
that is not a highway, road, or rail facility; and
(2) except in connection with any existing rights
granted to a private entity with respect to the State Highway 130
project, the department may not charge any fee or grant a private
entity the right to charge or collect any fee in connection with a
comprehensive development agreement or any related agreement under
Chapter 227 or any successor law in connection with any facility
that is not a highway, road, or rail facility, including a public
utility facility.
Explanation: The addition is necessary to limit the authority
of the Texas Department of Transportation to enter into
comprehensive development agreements to agreements for highway,
road, and rail projects only, and to prohibit that department from
charging a fee under a comprehensive development agreement or
related agreement in connection with a facility that is not a
highway, road, or rail facility.
(10) Senate Rules 12.03(3) and (4) are suspended to permit
the committee in SECTION 4.08 of the bill to add text in Section
223.212, Transportation Code, to read as follows:
Sec. 223.212. PROHIBITION AGAINST NONCOMPETITION
PROVISIONS. Except as provided by Section 371.103(b), the
department may not enter into a comprehensive development agreement
for a toll project, including a managed lane, that contains a
provision that limits or prohibits the construction,
reconstruction, expansion, rehabilitation, operation, or
maintenance of a nontolled highway by the department or a provision
that requires the department to reimburse a private entity for the
loss of toll revenue attributable to the construction of a
nontolled highway.
Explanation: The change is necessary to prohibit the
department from entering into a comprehensive development
agreement that contains certain noncompetition provisions.
(11) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting amended
Section 503.029, Transportation Code.
Explanation: The omission of the text is necessary because
the provision of law included in the omitted text has been amended
in the same manner in another Act of the 81st Legislature, Regular
Session, 2009.
(12) Senate Rule 12.03(4) is suspended to permit the
committee to add text not included in either version of the bill in
proposed SECTION 17.04 of the bill, in added Section 370.040,
Transportation Code, so that it reads as follows:
Sec. 370.040. TOLL COLLECTION. (a) In this section,
"tolling services" means the tolling services normally provided
through an authority's customer service center or through
contracted services provided to the authority, including customer
service, customer account maintenance, transponder supply, and
toll collection and enforcement.
(b) An authority shall provide, for reasonable
compensation, tolling services for a toll project in the geographic
boundaries of the authority, regardless of whether the toll project
is developed, financed, constructed, and operated under an
agreement, including a comprehensive development agreement, with
the authority or another entity. Nothing contained in this section
shall restrict an authority from agreeing to additional tolling
services in an agreement described in Subsection (d). Any such
additional tolling services shall be subject to the same provisions
that apply to tolling services under this section.
(c) An authority may not provide financial security,
including a cash collateral account, for the performance of tolling
services it provides under this section if:
(1) the authority determines that providing security
could restrict the amount or increase the cost of bonds or other
debt obligations the authority may subsequently issue under this
chapter; or
(2) the authority is not reimbursed its cost of
providing the security.
(d) Before providing tolling services for a toll project
under this section, an authority must enter into a written
agreement that sets out the terms and conditions for the tolling
services to be provided and the terms of compensation for those
services.
(e) Toll revenues are the property of the entity that is
entitled to the revenues under a tolling services agreement for the
toll project, regardless of who holds or collects the revenues.
Toll revenues that are held or collected by an authority under a
tolling services agreement that are not the property of the
authority are not subject to a claim adverse to the authority or a
lien on or encumbrance against property of the authority. Toll
revenues that are the property of the authority are not subject to a
claim adverse to any other entity or a lien on or encumbrance
against property of any other entity.
(f) An authority may agree in a tolling services agreement
that its right and obligation to provide services for that toll
project under this section are subject to termination for default,
and that after any such termination, this section no longer applies
to that toll project.
(g) Any public or private entity, including an authority or
the department, may agree to fund a cash collateral account for the
purpose of providing funds that may be withdrawn as provided in the
tolling services agreement because of an authority's failure to
make any payment as required by the tolling services agreement. An
authority's written commitment to fully or partially fund a cash
collateral account conclusively evidences its determination that
the commitment does not violate Subsection (c). The department may
expend money from any available source for this purpose.
(h) Subsection (b) may be waived by the authority under a
written agreement between the authority and the entity developing
the toll project.
Explanation: The addition is necessary to allow a regional
mobility authority to provide tolling services to toll projects in
the geographic boundaries of the authority under certain
circumstances.
(13) Senate Rule 12.03(4) is suspended to permit the
committee to add text not included in either version of the bill in
proposed SECTION 17.18 of the bill so that it reads as follows:
SECTION 17.18. Section 370.040, Transportation Code, as
added by this article, does not apply to any segment, extension or
expansion of the I-35/SH 130 project within the previously
designated Interstate 35 corridor, a segment, extension, or
expansion of the I-69/US 77 project within the previously
designated Interstate 69 corridor, or any project for which the
Texas Department of Transportation has entered into a contract to
construct the project before the effective date of this article.
Such a project, segment, extension, or expansion is governed by the
law as it existed immediately before the effective date of this
article, and that law is continued in effect for that purpose.
Notwithstanding the foregoing, if there is, pursuant to a contract
entered into after the effective date of this article, a transfer of
a leasehold interest in, or right to operate and retain revenues
from, a project that is not a segment, extension, or expansion of
the I-35/SH 130 project within the previously designated Interstate
35 corridor or a segment, extension, or expansion of the I-69/US 77
project within the previously designated Interstate 69 corridor,
and the department does not continue to provide tolling services
for the project, Section 370.040 applies.
Explanation: The addition is necessary to exempt certain
projects from the changes in law made to provisions in the bill
relating to regional mobility authority tolling services.
(14) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting text
amending Section 228.004, Transportation Code.
Explanation: The omission of the text is necessary because
the provisions of law included in the omitted text have been amended
in the same manner in another Act of the 81st Legislature, Regular
Session, 2009.
(15) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting text
amending Section 228.201, Transportation Code, by omitting the
repeal of Sections 228.202, 228.203, 228.207, and 228.208,
Transportation Code, and by omitting the transition language
associated with those provisions.
Explanation: The omission of the text is necessary to remove
changes to the conditions required for the Texas Department of
Transportation to operate a nontolled state highway or a segment of
a nontolled state highway as a toll project.
(16) House Rule 13, Section 9(a)(3), is suspended to permit
the committee to add text on a matter not in disagreement in the
heading of ARTICLE 12 of the bill so that it reads as follows:
ARTICLE 12. REPEAL OF THE TRANS-TEXAS CORRIDOR
Explanation: The addition is necessary to rename the title
of the article.
(17) Senate Rule 12.03(4) is suspended to permit the
committee to add text not included in either the house or senate
version of the bill to Article 12:
SECTION 12.12. The changes in law made by this Act to
Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, do not
apply to any portion of a facility owned by the Texas Department of
Transportation that is part of the SH 130, Segments 5 and 6 project,
or to a leasehold or other possessory interest in a facility owned
by the Texas Department of Transportation that is part of the SH
130, Segments 5 and 6 project. Sections 11.11(j), 25.06(c)(1), and
25.07(c)(1), Tax Code, as those sections existed immediately before
the effective date of this Act, are continued in effect for those
purposes.
Explanation: The change is necessary to exclude certain
leaseholds, possessory interests, and portions of a facility owned
by the Texas Department of Transportation from the applicability of
Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, as
amended by the bill.
(18) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting amended
Section 701.006, Transportation Code, and omitting the repeal of
Section 701.002(b), Transportation Code.
Explanation: The omission of the text is necessary because
the provisions of law included in the omitted text have been amended
and repealed in the same manner in another Act of the 81st
Legislature, Regular Session, 2009.
(19) Senate Rule 12.03(4) is suspended to permit the
committee to add text not included in either the house or senate
version of the bill by adding the following appropriately numbered
ARTICLE to the bill:
ARTICLE 46. LAND RECLAMATION PROJECT AGREEMENT
SECTION 46.01. Subchapter C, Chapter 361, Health and Safety
Code, is amended by adding Section 361.1127 to read as follows:
Sec. 361.1127. LAND RECLAMATION PROJECTS USING TIRES.
(a) In this section:
(1) "Land reclamation" means the process of restoring
an area of excavated, deteriorated, or disturbed land to its
approximate natural grade and to prepare or reclaim the land for
reuse.
(2) "Scrap tire" has the meaning assigned by Section
361.112.
(b) A person may not begin a land reclamation project using
scrap tires without a permit issued by the commission under this
chapter.
(c) A person may not use scrap tires for a land reclamation
project unless the tires are shredded, split, or quartered as
provided by commission rule. The commission may grant an exception
to this requirement if the commission finds that circumstances
warrant the exception.
(d) The commission may not grant a permit for a land
reclamation project using scrap tires before:
(1) the commission receives comments or suggestions
from:
(A) the governing body of any municipality in the
corporate limits of which the proposed project is located; or
(B) if the proposed project is not located in a
municipality:
(i) the commissioners court of each county
in which the proposed project is located;
(ii) each groundwater conservation
district, if any, in which the proposed project is located; and
(C) the Texas Department of Transportation,
regarding whether the tires to be interred during the proposed land
reclamation project might be diverted into road maintenance
projects administered by the department; or
(2) the expiration of a time period, established by
commission rule, in which the entities described by this subsection
may offer comments.
(e) The application to request a permit for a land
reclamation project using scrap tires must include at a minimum:
(1) a legal description of the area to be reclaimed;
(2) a map clearly identifying the area to be reclaimed
and the topography of the area;
(3) an affidavit from the property owner certifying
that the reclamation project complies with this section and the
rules adopted under this section; and
(4) an analysis and evaluation of the environmental
impacts on the soil and groundwater in the area of the proposed
project that compare the impact of using scrap tires for the
proposed reclamation project to the impact of at least one
reasonable alternative method of land reclamation for the proposed
project.
(f) The commission by rule shall:
(1) prescribe minimum standards to protect the soil
and water for a land reclamation project using scrap tires; and
(2) adopt application forms and procedures for the
permitting process under this section.
(g) The commission may amend, extend, transfer, or renew a
permit issued under this section as provided by this chapter and
commission rule.
(h) The notice and hearing procedures provided by this
subchapter apply to a permit issued, amended, extended, or renewed
under this section.
(i) The commission may, for good cause, deny, revoke, or
amend a permit under this section for reasons concerning public
health and safety, air or water pollution, land use, or a violation
of this section as provided by Section 361.089.
(j) The commission shall enter an agreement with the Texas
Department of Transportation to explore and develop opportunities
to divert scrap tires from land reclamation projects to recycling
projects, including road maintenance programs operated by the
department.
SECTION 46.02. (a) Before September 1, 2010, the Texas
Commission on Environmental Quality shall adopt any rules required
to implement Section 361.1127, Health and Safety Code, as added by
this Act.
(b) On or after the effective date of this Act, any person
responsible for an ongoing or pending land reclamation project
using scrap tires that has not yet placed the tires below ground may
not place the tires below ground until the person has obtained a
permit under Section 361.1127, Health and Safety Code, as added by
this Act.
(c) To the extent that a land reclamation project using
scrap tires has placed tires below ground before the effective date
of this Act, the project is subject to the law in effect on the date
the tires were placed below ground, and that law is continued in
effect for that purpose.
(d) Before September 1, 2010, the Texas Commission on
Environmental Quality shall enter the agreement with the Texas
Department of Transportation as required by Section 361.1127(j),
Health and Safety Code, as added by this Act.
Explanation: This change is necessary to create a system for
regulating land reclamation projects using scrap tires through the
issuance of permits.
(20) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting amended
Sections 21.101, 21.105, and 21.112, Transportation Code.
Explanation: The omission of the text is necessary so that
the bill does not permit the expansion of eligibility for receipt of
state grant funds for airport operations if the owner of the airport
is eligible to receive funds under the federal airport improvement
program.
(21) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting added text
relating to the creation, organization, governance, duties, and
functions of the Texas Department of Motor Vehicles, including the
transfer of certain duties to the Texas Department of Motor
Vehicles and the Texas Department of Licensing and Regulation, and
to the regulation of certain franchised motor vehicle dealers.
Explanation: The omission of the text is necessary because
the provisions of law included in the omitted text have been
substantially adopted under another Act of the 81st Legislature,
Regular Session, 2009.
(22) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting added
Section 456.009(c), Transportation Code.
Explanation: The omission of text is necessary to give the
Texas Transportation Commission additional discretion in the
allocation of funds under Subchapters B and C, Chapter 456,
Transportation Code.
(23) Senate Rule 12.03(2) is suspended to permit the
committee to omit text not in disagreement by omitting Sections
284.0701(d) and (d-1), 284.0702(b) and (c), 366.178(f), (i), and
(i-1), 370.177(e), (e-1), (g), and (i), Transportation Code.
Explanation: The omission is necessary because other
legislation passed during the 81st Legislature, Regular Session,
provided for these changes to the Transportation Code.
(24) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add ARTICLE 45 to the bill:
ARTICLE 45. PROHIBITION ON CERTAIN TRANSPORTATION FINANCING
SECTION 45.01. Subchapter G, Chapter 452, Transportation
Code, is amended by adding Section 452.306 to read as follows:
Sec. 452.306. CERTAIN FUNDING PROHIBITED; APPROVAL OF ROUTE
CHANGE. (a) This section applies only to a municipality that:
(1) has a population of more than 200,000 and less than
250,000; and
(2) is located in a county in which another
municipality with a population of more than one million is
predominantly located.
(b) State funding or funding from any local option method of
finance authorized at an election may not be used to directly or
indirectly finance a project with the purpose of circumventing or
moving the Orange Line of the authority to which this subchapter
applies from its established proposed route directly into the
operational area of the Dallas-Fort Worth International Airport
located between Terminals A and B.
(c) Only if approved by resolution adopted by the governing
body of a municipality to which this section applies may a deviation
occur in the Orange Line route and alignment from Bachman Station in
northwest Dallas, northwest to the Las Colinas Urban Center by the
year 2011, continuing northwest to the Belt Line Station by the year
2012, continuing to the northwest along the south side of State
Highway 114, turning south along International Parkway, and not
crossing State Highway 121 or State Highway 114 after entering onto
Dallas-Fort Worth International Airport property to create the
shortest, most direct route practicable to facilitate a direct
connection to the operational area of Dallas-Fort Worth
International Airport located between Terminals A and B by the year
2013.
Explanation: This change is necessary to prohibit funding
for projects that move certain proposed rail line routes of certain
regional transportation authorities and to require municipal
approval of any changes to those routes.
(25) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add new Sections 373.002(11), (12), and (13),
Transportation Code, to read as follows:
(11) the IH 35E managed lanes project in Dallas and
Denton Counties from IH 635 to US 380;
(12) the IH 30 managed lanes project from Baird Farm
Road in Tarrant County to IH 35E in Dallas County; or
(13) the SH 183 managed lanes project in Dallas County
from SH 161 to SH 114 in Irving and from SH 114 to IH 35E in Dallas.
Explanation: This change is necessary to add certain toll
projects to the list of projects exempt from the application of the
toll project primacy process.
(26) Senate Rules 12.03(3) and (4) are suspended to permit
the committee to add SECTION 8.01 to the bill:
SECTION 8.01. (a) Section 502.1725, Transportation Code,
is amended by amending Subsections (a), (d), (e), (f), and (g) and
adding Subsections (e-1), (f-1), (i), and (j) to read as follows:
(a) This section applies only to:
(1) a county:
(A) [(1)] that borders the United Mexican
States;
(B) [(2)] that has a population of more than
150,000 [300,000]; and
(C) [(3)] in which the largest municipality has a
population of less than 300,000; and
(2) a county that has a population of less than 50,000
that:
(A) borders the United Mexican States; and
(B) contains at least one federal military base.
(d) A fee imposed under this section may take effect only on
January 1 of a year. The county must adopt the order and notify the
department not later than September 1 of the year preceding the year
in which the fee takes effect. A fee imposed under this section is
not required to be annually reauthorized and remains in effect
until removed as provided by Subsection (e).
(e) Subject to Subsection (e-1), a [A] fee imposed under
this section may be removed. The removal may take effect only on
January 1 of a year. A county may remove the fee only by:
(1) rescinding the order imposing the fee; and
(2) notifying the department not later than September
1 of the year preceding the year in which the removal takes effect.
(e-1) If the revenue from a fee imposed under this section
is pledged or assigned to secure the payment of obligations as
provided by Subsection (f-1), the fee may not be removed until the
obligations secured by the pledge or assignment have been paid or
discharged.
(f) The county assessor-collector of a county imposing a fee
under this section shall collect the additional fee for a vehicle
when other fees imposed under this chapter are collected. The
county shall deposit [send] the fee revenue in a special account in
the county general fund. Money in the account may be used only for a
purpose authorized under Section (7-a), Article VIII, Texas
Constitution, and only to contract with:
(1) [to] the regional mobility authority of the county
to promote and maintain a public purpose of the county that involves
funding [fund] long-term transportation projects in the county;
(2) a transportation governmental entity designated
under Subsection (j) to promote and maintain a public purpose of the
county that involves funding long-term transportation projects in
the county; or
(3) a public or private entity developing a long-term
transportation project in the county under an agreement with the
county, the regional mobility authority of the county, or a
transportation governmental entity designated under Subsection (j)
to promote and maintain a public purpose of the county.
(f-1) Revenue from a fee imposed under this section may be
pledged or assigned by the county, the regional mobility authority
of the county with which the county contracts under Subsection (f),
or a transportation governmental entity with which the county
contracts under Subsection (f) to secure the payment of obligations
associated with the development of long-term transportation
projects in the county as provided by Subsection (f).
(g) The department shall collect the additional fee on a
vehicle that is owned by a resident of a county imposing a fee under
this section and that, under this chapter, must be registered
directly with the department. The department shall send all fees
collected for a county under this subsection to the county for
deposit and use as provided by Subsection (f) or (f-1) [regional
mobility authority of the county to fund long-term transportation
projects in the county].
(i) Notwithstanding Subsection (b), the fee imposed under
this section by the commissioners court of a county to which this
subsection applies may not exceed $50. This subsection applies only
to a county:
(1) that borders the United Mexican States;
(2) that has a population of more than 150,000;
(3) in which the largest municipality has a population
of less than 300,000; and
(4) that does not border the Gulf of Mexico.
(j) The department shall designate the governmental
entities that serve primarily a transportation function and with
which counties may contract under Subsection (f).
(b) This section takes effect immediately if this Act
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 section takes effect September 1, 2009.
Explanation: This change is necessary to provide for
authorization and imposition of optional fees on the registration
of motor vehicles in certain counties.