Texas 2009 - 81st Regular

Texas Senate Bill SR1107 Compare Versions

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

Old	New	Differences
1	1	81R38835 JD/ACP/JTS/MTB/SLB-D
2	2	By: Hegar S.R. No. 1107
3	3
4	4
5	5	R E S O L U T I O N
6	6	BE IT RESOLVED by the Senate of the State of Texas, 81st
7	7	Legislature, Regular Session, 2009, That Senate Rule 12.03 be
8	8	suspended in part as provided by Senate Rule 12.08 to enable the
9	9	conference committee appointed to resolve the differences on House
10	10	Bill 300 (the continuation and functions of the Texas Department of
11	11	Transportation; providing penalties) to consider and take action on
12	12	the following matters:
13	13	(1) Senate Rules 12.03(1) and (2) are suspended to permit
14	14	the committee to alter and omit text which is not in disagreement in
15	15	Section 1.04 of the bill at the end of added Section 201.117,
16	16	Transportation Code, which relates to the use of available
17	17	technology to enhance compliance with the Texas Motor Vehicle
18	18	Safety Responsibility Act and was included in both the house and
19	19	senate versions of the bill, so that the added section omits text
20	20	relating to the Texas Motor Vehicle Safety Responsibility Act to
21	21	read as follows:
22	22	Sec. 201.117. TECHNOLOGICAL SOLUTIONS. The commission
23	23	shall implement a policy requiring the department to use
24	24	appropriate technological solutions to improve the department's
25	25	ability to perform its functions. The policy must ensure that the
26	26	public is able to interact with the department on the Internet.
27	27	Explanation: The change is necessary because enforcement of
28	28	the Texas Motor Vehicle Safety Responsibility Act is more
29	29	appropriately a law enforcement of the Public Safety Commission
30	30	than a function of the Texas Transportation Commission.
31	31	(2) Senate Rules 12.03(1) and (4) are suspended to permit
32	32	the committee, in Section 1.12 of the bill, to add Subsection (b) to
33	33	Section 1.12 to read as follows:
34	34	(b) Not later than January 1, 2010, the Texas Transportation
35	35	Commission shall adopt the rules required by Section 202.031(a-1),
36	36	Transportation Code, as added by Subsection (a) of this section.
37	37	Explanation: This change is necessary because added Section
38	38	202.031(a-1), Transportation Code, requires the Texas
39	39	Transportation Commission to adopt certain rules, but does not
40	40	specify a date by which the rules must be adopted.
41	41	(3) Senate Rules 12.03(1) and (2), are suspended to permit
42	42	the committee to alter and omit text which is not in disagreement in
43	43	Section 1.40 of the bill in added Section 311.905, Transportation
44	44	Code, by deleting references to the Texas Department of
45	45	Transportation that were in both the house and senate versions of
46	46	the bill, so that the added section reads as follows:
47	47	Sec. 311.905. NOTICE OF TRANSPORTATION USER'S FEE BY
48	48	MUNICIPALITY. (a) A municipality that imposes a fee on the user of
49	49	a benefited property equal to the prorated annual cost of the
50	50	transportation system owned by the municipality that can reasonably
51	51	be attributed to the benefited property must provide notice to the
52	52	user of the fee.
53	53	(b) The notice to the user required under Subsection (a) is
54	54	adequate if the fee amount is stated on monthly billing statements
55	55	to the user for metered utility service provided by the
56	56	municipality to the user.
57	57	Explanation: This change is necessary because added Section
58	58	311.905, Transportation Code, relates to the authority of a
59	59	municipality to impose certain fees on property owners, which is a
60	60	purely local matter, and the added requirement that the Texas
61	61	Department of Transportation be provided notice of the imposition
62	62	of such a fee is unnecessary and serves no purpose.
63	63	(4) Senate Rules 12.03(3) and (4) are suspended to permit
64	64	the committee, in SECTION 2.04 of the bill, to add text to Section
65	65	201.981, Transportation Code, to read as follows:
66	66	Sec. 201.981. DEFINITIONS. In this subchapter:
67	67	(1) "Local transportation entity" means an entity that
68	68	participates in the transportation planning process. The term
69	69	includes:
70	70	(A) a metropolitan planning organization;
71	71	(B) a rural planning organization;
72	72	(C) a regional tollway authority organized under
73	73	Chapter 366;
74	74	(D) a regional transportation authority
75	75	operating under Chapter 452;
76	76	(E) a rural transit district as defined by
77	77	Section 458.001;
78	78	(F) a coordinated county transportation
79	79	authority operating under Chapter 460;
80	80	(G) a regional mobility authority operating
81	81	under Chapter 370; and
82	82	(H) a county, including a county operating under
83	83	Chapter 284.
84	84	(2) "Planning organization" means:
85	85	(A) a metropolitan planning organization;
86	86	(B) a rural planning organization; or
87	87	(C) for an area that is not in the boundaries of a
88	88	metropolitan planning organization or a rural planning
89	89	organization, the department district.
90	90	(3) "Transportation project" means the planning,
91	91	right-of-way acquisition, expansion, improvement, addition, or
92	92	contract maintenance, other than the routine or contracted routine
93	93	maintenance, of:
94	94	(A) a bridge;
95	95	(B) a highway;
96	96	(C) a toll road or toll road system;
97	97	(D) a railroad;
98	98	(E) an enhancement of a roadway that increases
99	99	the safety of the traveling public;
100	100	(F) an air quality improvement initiative; or
101	101	(G) a transportation enhancement activity under
102	102	23 U.S.C. Section 133.
103	103	Explanation: This change is necessary for the definition of
104	104	"local transportation entity" to include a county, including a
105	105	county operating under Chapter 284.
106	106	(5) Senate Rules 12.03(3) and (4) are suspended to permit
107	107	the committee to add Section 201.9841(b) to proposed Subchapter P,
108	108	Chapter 201, Transportation Code:
109	109	(b) In this subchapter, unless the context clearly
110	110	indicates otherwise, "funds" or "funding" means the estimates of
111	111	federal and state money reasonably expected to be available for
112	112	expenditure on transportation projects during the relevant period.
113	113	Explanation: This change is necessary to provide for a
114	114	definition for "funds" and "funding" for the purpose of the
115	115	requirement that the commission use a cash flow forecast to
116	116	allocate funding to the planning organizations.
117	117	(6) Senate Rules 12.03(3) and (4) are suspended to permit
118	118	the committee to add Section 201.987(e) to proposed Subchapter P,
119	119	Transportation Code:
120	120	(e) The department shall use the planning organizations'
121	121	project lists to create the statewide transportation program and
122	122	budget. The statewide transportation program and budget must
123	123	include:
124	124	(1) the official cash flow forecast under Section
125	125	201.984; and
126	126	(2) each region's estimated allocation of funds.
127	127	Explanation: This change is necessary to provide for the
128	128	requirement that the Texas Department of Transportation use the
129	129	planning organizations' project lists to create the statewide
130	130	transportation program and budget.
131	131	(7) Senate Rules 12.03(3) and (4) are suspended to permit
132	132	the committee to add Section 201.988 to proposed Subchapter P,
133	133	Chapter 201, Transportation Code:
134	134	Sec. 201.988. TRANSPORTATION ALLOCATION FUNDING FORMULA.
135	135	(a) The commission shall adopt rules that create funding formulas
136	136	for transportation projects. In developing the formulas the
137	137	commission shall consider the input of planning organizations,
138	138	transportation officials, and county and municipal officials.
139	139	(b) The commission shall allocate to metropolitan planning
140	140	organizations operating in areas that are a transportation
141	141	management area, as defined by 23 U.S.C. Section 134(k), the
142	142	following categories of funds:
143	143	(1) metropolitan area corridor projects;
144	144	(2) metropolitan mobility and rehabilitation
145	145	projects;
146	146	(3) congestion mitigation and air quality improvement
147	147	projects in non-attainment areas; and
148	148	(4) a percentage of transportation enhancements
149	149	project funding as determined by formula for projects recommended
150	150	by the metropolitan planning organizations under rules adopted by
151	151	the commission.
152	152	(c) The commission shall allocate to metropolitan planning
153	153	organizations that are not a transportation management area, as
154	154	defined by 23 U.S.C. Section 134(k), the following categories of
155	155	funds:
156	156	(1) urban area corridor projects; and
157	157	(2) a percentage of transportation enhancements
158	158	project funding as determined by formula for projects recommended
159	159	by the metropolitan planning organizations under rules adopted by
160	160	the commission.
161	161	(d) The funds allocated under Subsections (b) and (c) shall
162	162	be allocated by a formula to each metropolitan planning
163	163	organization that takes into consideration performance measures
164	164	and includes at least the following criteria:
165	165	(1) lane miles;
166	166	(2) level of congestion;
167	167	(3) percentage of population below federal poverty
168	168	level;
169	169	(4) census population;
170	170	(5) safety;
171	171	(6) total vehicle miles traveled; and
172	172	(7) truck vehicle miles traveled.
173	173	(e) The commission shall provide funding estimates to the
174	174	planning organizations for the project costs of all transportation
175	175	projects. The commission shall adopt appropriate formulas for the
176	176	different types of transportation projects, including funding for
177	177	statewide connectivity projects. The commission shall adopt rules
178	178	for all transportation formulas.
179	179	Explanation: This change is necessary to provide for the
180	180	development of funding formulas for transportation projects.
181	181	(8) Senate Rules 12.03(3) and (4) are suspended to permit
182	182	the committee to add Section 201.9892(b) to proposed Subchapter P,
183	183	Chapter 201, Transportation Code:
184	184	(b) At a minimum, the performance measures adopted under
185	185	Subsection (a) must include:
186	186	(1) the peak hour travel congestion in the eight
187	187	largest metropolitan areas in contrast with previous state fiscal
188	188	years;
189	189	(2) the percentage of projects for which environmental
190	190	clearance is obtained on or before the planned implementation
191	191	timelines;
192	192	(3) the percentage of projects for which right-of-way
193	193	acquisition is completed on or before the planned implementation
194	194	timelines;
195	195	(4) the percentage of parcels acquired through
196	196	negotiation;
197	197	(5) the average time between selection and execution
198	198	of a contract for engineering services;
199	199	(6) the total amount spent for right-of-way as a
200	200	percentage of the original estimated amount;
201	201	(7) the percentage of highway improvement contracts
202	202	executed on or before the planned implementation timelines for
203	203	letting;
204	204	(8) the percentage of construction contracts executed
205	205	on or before the planned letting date;
206	206	(9) the total amount spent for construction contracts
207	207	as a percentage of the final design estimated amount;
208	208	(10) for all highway improvement contracts completed
209	209	during the state fiscal year, the percentage completed within 20
210	210	percent of the original contract time;
211	211	(11) construction contract adjustments as a
212	212	percentage of original contract price;
213	213	(12) for all highway improvement contracts completed
214	214	during the state fiscal year, the percentage completed within 10
215	215	percent of the original contract price;
216	216	(13) for all highway improvement contracts completed
217	217	during the state fiscal year, the percentage of the total contract
218	218	adjustments as a percentage of the total original contract price;
219	219	(14) of the federal funds subject to forfeiture at the
220	220	end of the state fiscal year, the percentage that was committed by
221	221	the department;
222	222	(15) the amounts of cash receipts and disbursements in
223	223	contrast with the forecasted amounts;
224	224	(16) the amount obligated to be spent in connection
225	225	with contracts or participation in contracts with minority,
226	226	disadvantaged, and small business enterprises as a percentage of
227	227	the amount spent on all contracts;
228	228	(17) the percentage of lane miles on the state highway
229	229	system that have a pavement condition rating of excellent or good;
230	230	(18) the number of lane miles on the state highway
231	231	system that were resurfaced in contrast with the number planned;
232	232	and
233	233	(19) the number of vehicle miles traveled in contrast
234	234	with previous state fiscal years.
235	235	Explanation: This change is necessary to provide for the
236	236	Texas Department of Transportation to develop minimum performance
237	237	measures for the work plan required by proposed Section 201.989,
238	238	Transportation Code.
239	239	(9) Senate Rule 12.03(4) is suspended to permit the
240	240	committee to add text not included in either version of the bill in
241	241	proposed SECTION 4.03 of the bill, in added Section 223.201(j),
242	242	Transportation Code, so that it reads as follows:
243	243	(j) Notwithstanding any other law to the contrary:
244	244	(1) the department's authority to enter into a
245	245	comprehensive development agreement and any related facility
246	246	agreement, whether under this section or any other law, is limited
247	247	to highway, road, and rail projects, and may not be considered to
248	248	extend to projects involving public utilities or any other facility
249	249	that is not a highway, road, or rail facility; and
250	250	(2) except in connection with any existing rights
251	251	granted to a private entity with respect to the State Highway 130
252	252	project, the department may not charge any fee or grant a private
253	253	entity the right to charge or collect any fee in connection with a
254	254	comprehensive development agreement or any related agreement under
255	255	Chapter 227 or any successor law in connection with any facility
256	256	that is not a highway, road, or rail facility, including a public
257	257	utility facility.
258	258	Explanation: The addition is necessary to limit the authority
259	259	of the Texas Department of Transportation to enter into
260	260	comprehensive development agreements to agreements for highway,
261	261	road, and rail projects only, and to prohibit that department from
262	262	charging a fee under a comprehensive development agreement or
263	263	related agreement in connection with a facility that is not a
264	264	highway, road, or rail facility.
265	265	(10) Senate Rules 12.03(3) and (4) are suspended to permit
266	266	the committee in SECTION 4.08 of the bill to add text in Section
267	267	223.212, Transportation Code, to read as follows:
268	268	Sec. 223.212. PROHIBITION AGAINST NONCOMPETITION
269	269	PROVISIONS. Except as provided by Section 371.103(b), the
270	270	department may not enter into a comprehensive development agreement
271	271	for a toll project, including a managed lane, that contains a
272	272	provision that limits or prohibits the construction,
273	273	reconstruction, expansion, rehabilitation, operation, or
274	274	maintenance of a nontolled highway by the department or a provision
275	275	that requires the department to reimburse a private entity for the
276	276	loss of toll revenue attributable to the construction of a
277	277	nontolled highway.
278	278	Explanation: The change is necessary to prohibit the
279	279	department from entering into a comprehensive development
280	280	agreement that contains certain noncompetition provisions.
281	281	(11) Senate Rule 12.03(2) is suspended to permit the
282	282	committee to omit text not in disagreement by omitting amended
283	283	Section 503.029, Transportation Code.
284	284	Explanation: The omission of the text is necessary because
285	285	the provision of law included in the omitted text has been amended
286	286	in the same manner in another Act of the 81st Legislature, Regular
287	287	Session, 2009.
288	288	(12) Senate Rule 12.03(4) is suspended to permit the
289	289	committee to add text not included in either version of the bill in
290	290	proposed SECTION 17.04 of the bill, in added Section 370.040,
291	291	Transportation Code, so that it reads as follows:
292	292	Sec. 370.040. TOLL COLLECTION. (a) In this section,
293	293	"tolling services" means the tolling services normally provided
294	294	through an authority's customer service center or through
295	295	contracted services provided to the authority, including customer
296	296	service, customer account maintenance, transponder supply, and
297	297	toll collection and enforcement.
298	298	(b) An authority shall provide, for reasonable
299	299	compensation, tolling services for a toll project in the geographic
300	300	boundaries of the authority, regardless of whether the toll project
301	301	is developed, financed, constructed, and operated under an
302	302	agreement, including a comprehensive development agreement, with
303	303	the authority or another entity. Nothing contained in this section
304	304	shall restrict an authority from agreeing to additional tolling
305	305	services in an agreement described in Subsection (d). Any such
306	306	additional tolling services shall be subject to the same provisions
307	307	that apply to tolling services under this section.
308	308	(c) An authority may not provide financial security,
309	309	including a cash collateral account, for the performance of tolling
310	310	services it provides under this section if:
311	311	(1) the authority determines that providing security
312	312	could restrict the amount or increase the cost of bonds or other
313	313	debt obligations the authority may subsequently issue under this
314	314	chapter; or
315	315	(2) the authority is not reimbursed its cost of
316	316	providing the security.
317	317	(d) Before providing tolling services for a toll project
318	318	under this section, an authority must enter into a written
319	319	agreement that sets out the terms and conditions for the tolling
320	320	services to be provided and the terms of compensation for those
321	321	services.
322	322	(e) Toll revenues are the property of the entity that is
323	323	entitled to the revenues under a tolling services agreement for the
324	324	toll project, regardless of who holds or collects the revenues.
325	325	Toll revenues that are held or collected by an authority under a
326	326	tolling services agreement that are not the property of the
327	327	authority are not subject to a claim adverse to the authority or a
328	328	lien on or encumbrance against property of the authority. Toll
329	329	revenues that are the property of the authority are not subject to a
330	330	claim adverse to any other entity or a lien on or encumbrance
331	331	against property of any other entity.
332	332	(f) An authority may agree in a tolling services agreement
333	333	that its right and obligation to provide services for that toll
334	334	project under this section are subject to termination for default,
335	335	and that after any such termination, this section no longer applies
336	336	to that toll project.
337	337	(g) Any public or private entity, including an authority or
338	338	the department, may agree to fund a cash collateral account for the
339	339	purpose of providing funds that may be withdrawn as provided in the
340	340	tolling services agreement because of an authority's failure to
341	341	make any payment as required by the tolling services agreement. An
342	342	authority's written commitment to fully or partially fund a cash
343	343	collateral account conclusively evidences its determination that
344	344	the commitment does not violate Subsection (c). The department may
345	345	expend money from any available source for this purpose.
346	346	(h) Subsection (b) may be waived by the authority under a
347	347	written agreement between the authority and the entity developing
348	348	the toll project.
349	349	Explanation: The addition is necessary to allow a regional
350	350	mobility authority to provide tolling services to toll projects in
351	351	the geographic boundaries of the authority under certain
352	352	circumstances.
353	353	(13) Senate Rule 12.03(4) is suspended to permit the
354	354	committee to add text not included in either version of the bill in
355	355	proposed SECTION 17.18 of the bill so that it reads as follows:
356	356	SECTION 17.18. Section 370.040, Transportation Code, as
357	357	added by this article, does not apply to any segment, extension or
358	358	expansion of the I-35/SH 130 project within the previously
359	359	designated Interstate 35 corridor, a segment, extension, or
360	360	expansion of the I-69/US 77 project within the previously
361	361	designated Interstate 69 corridor, or any project for which the
362	362	Texas Department of Transportation has entered into a contract to
363	363	construct the project before the effective date of this article.
364	364	Such a project, segment, extension, or expansion is governed by the
365	365	law as it existed immediately before the effective date of this
366	366	article, and that law is continued in effect for that purpose.
367	367	Notwithstanding the foregoing, if there is, pursuant to a contract
368	368	entered into after the effective date of this article, a transfer of
369	369	a leasehold interest in, or right to operate and retain revenues
370	370	from, a project that is not a segment, extension, or expansion of
371	371	the I-35/SH 130 project within the previously designated Interstate
372	372	35 corridor or a segment, extension, or expansion of the I-69/US 77
373	373	project within the previously designated Interstate 69 corridor,
374	374	and the department does not continue to provide tolling services
375	375	for the project, Section 370.040 applies.
376	376	Explanation: The addition is necessary to exempt certain
377	377	projects from the changes in law made to provisions in the bill
378	378	relating to regional mobility authority tolling services.
379	379	(14) Senate Rule 12.03(2) is suspended to permit the
380	380	committee to omit text not in disagreement by omitting text
381	381	amending Section 228.004, Transportation Code.
382	382	Explanation: The omission of the text is necessary because
383	383	the provisions of law included in the omitted text have been amended
384	384	in the same manner in another Act of the 81st Legislature, Regular
385	385	Session, 2009.
386	386	(15) Senate Rule 12.03(2) is suspended to permit the
387	387	committee to omit text not in disagreement by omitting text
388	388	amending Section 228.201, Transportation Code, by omitting the
389	389	repeal of Sections 228.202, 228.203, 228.207, and 228.208,
390	390	Transportation Code, and by omitting the transition language
391	391	associated with those provisions.
392	392	Explanation: The omission of the text is necessary to remove
393	393	changes to the conditions required for the Texas Department of
394	394	Transportation to operate a nontolled state highway or a segment of
395	395	a nontolled state highway as a toll project.
396	396	(16) House Rule 13, Section 9(a)(3), is suspended to permit
397	397	the committee to add text on a matter not in disagreement in the
398	398	heading of ARTICLE 12 of the bill so that it reads as follows:
399	399	ARTICLE 12. REPEAL OF THE TRANS-TEXAS CORRIDOR
400	400	Explanation: The addition is necessary to rename the title
401	401	of the article.
402	402	(17) Senate Rule 12.03(4) is suspended to permit the
403	403	committee to add text not included in either the house or senate
404	404	version of the bill to Article 12:
405	405	SECTION 12.12. The changes in law made by this Act to
406	406	Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, do not
407	407	apply to any portion of a facility owned by the Texas Department of
408	408	Transportation that is part of the SH 130, Segments 5 and 6 project,
409	409	or to a leasehold or other possessory interest in a facility owned
410	410	by the Texas Department of Transportation that is part of the SH
411	411	130, Segments 5 and 6 project. Sections 11.11(j), 25.06(c)(1), and
412	412	25.07(c)(1), Tax Code, as those sections existed immediately before
413	413	the effective date of this Act, are continued in effect for those
414	414	purposes.
415	415	Explanation: The change is necessary to exclude certain
416	416	leaseholds, possessory interests, and portions of a facility owned
417	417	by the Texas Department of Transportation from the applicability of
418	418	Sections 11.11(j), 25.06(c)(1), and 25.07(c)(1), Tax Code, as
419	419	amended by the bill.
420	420	(18) Senate Rule 12.03(2) is suspended to permit the
421	421	committee to omit text not in disagreement by omitting amended
422	422	Section 701.006, Transportation Code, and omitting the repeal of
423	423	Section 701.002(b), Transportation Code.
424	424	Explanation: The omission of the text is necessary because
425	425	the provisions of law included in the omitted text have been amended
426	426	and repealed in the same manner in another Act of the 81st
427	427	Legislature, Regular Session, 2009.
428	428	(19) Senate Rule 12.03(4) is suspended to permit the
429	429	committee to add text not included in either the house or senate
430	430	version of the bill by adding the following appropriately numbered
431	431	ARTICLE to the bill:
432	432	ARTICLE 46. LAND RECLAMATION PROJECT AGREEMENT
433	433	SECTION 46.01. Subchapter C, Chapter 361, Health and Safety
434	434	Code, is amended by adding Section 361.1127 to read as follows:
435	435	Sec. 361.1127. LAND RECLAMATION PROJECTS USING TIRES.
436	436	(a) In this section:
437	437	(1) "Land reclamation" means the process of restoring
438	438	an area of excavated, deteriorated, or disturbed land to its
439	439	approximate natural grade and to prepare or reclaim the land for
440	440	reuse.
441	441	(2) "Scrap tire" has the meaning assigned by Section
442	442	361.112.
443	443	(b) A person may not begin a land reclamation project using
444	444	scrap tires without a permit issued by the commission under this
445	445	chapter.
446	446	(c) A person may not use scrap tires for a land reclamation
447	447	project unless the tires are shredded, split, or quartered as
448	448	provided by commission rule. The commission may grant an exception
449	449	to this requirement if the commission finds that circumstances
450	450	warrant the exception.
451	451	(d) The commission may not grant a permit for a land
452	452	reclamation project using scrap tires before:
453	453	(1) the commission receives comments or suggestions
454	454	from:
455	455	(A) the governing body of any municipality in the
456	456	corporate limits of which the proposed project is located; or
457	457	(B) if the proposed project is not located in a
458	458	municipality:
459	459	(i) the commissioners court of each county
460	460	in which the proposed project is located;
461	461	(ii) each groundwater conservation
462	462	district, if any, in which the proposed project is located; and
463	463	(C) the Texas Department of Transportation,
464	464	regarding whether the tires to be interred during the proposed land
465	465	reclamation project might be diverted into road maintenance
466	466	projects administered by the department; or
467	467	(2) the expiration of a time period, established by
468	468	commission rule, in which the entities described by this subsection
469	469	may offer comments.
470	470	(e) The application to request a permit for a land
471	471	reclamation project using scrap tires must include at a minimum:
472	472	(1) a legal description of the area to be reclaimed;
473	473	(2) a map clearly identifying the area to be reclaimed
474	474	and the topography of the area;
475	475	(3) an affidavit from the property owner certifying
476	476	that the reclamation project complies with this section and the
477	477	rules adopted under this section; and
478	478	(4) an analysis and evaluation of the environmental
479	479	impacts on the soil and groundwater in the area of the proposed
480	480	project that compare the impact of using scrap tires for the
481	481	proposed reclamation project to the impact of at least one
482	482	reasonable alternative method of land reclamation for the proposed
483	483	project.
484	484	(f) The commission by rule shall:
485	485	(1) prescribe minimum standards to protect the soil
486	486	and water for a land reclamation project using scrap tires; and
487	487	(2) adopt application forms and procedures for the
488	488	permitting process under this section.
489	489	(g) The commission may amend, extend, transfer, or renew a
490	490	permit issued under this section as provided by this chapter and
491	491	commission rule.
492	492	(h) The notice and hearing procedures provided by this
493	493	subchapter apply to a permit issued, amended, extended, or renewed
494	494	under this section.
495	495	(i) The commission may, for good cause, deny, revoke, or
496	496	amend a permit under this section for reasons concerning public
497	497	health and safety, air or water pollution, land use, or a violation
498	498	of this section as provided by Section 361.089.
499	499	(j) The commission shall enter an agreement with the Texas
500	500	Department of Transportation to explore and develop opportunities
501	501	to divert scrap tires from land reclamation projects to recycling
502	502	projects, including road maintenance programs operated by the
503	503	department.
504	504	SECTION 46.02. (a) Before September 1, 2010, the Texas
505	505	Commission on Environmental Quality shall adopt any rules required
506	506	to implement Section 361.1127, Health and Safety Code, as added by
507	507	this Act.
508	508	(b) On or after the effective date of this Act, any person
509	509	responsible for an ongoing or pending land reclamation project
510	510	using scrap tires that has not yet placed the tires below ground may
511	511	not place the tires below ground until the person has obtained a
512	512	permit under Section 361.1127, Health and Safety Code, as added by
513	513	this Act.
514	514	(c) To the extent that a land reclamation project using
515	515	scrap tires has placed tires below ground before the effective date
516	516	of this Act, the project is subject to the law in effect on the date
517	517	the tires were placed below ground, and that law is continued in
518	518	effect for that purpose.
519	519	(d) Before September 1, 2010, the Texas Commission on
520	520	Environmental Quality shall enter the agreement with the Texas
521	521	Department of Transportation as required by Section 361.1127(j),
522	522	Health and Safety Code, as added by this Act.
523	523	Explanation: This change is necessary to create a system for
524	524	regulating land reclamation projects using scrap tires through the
525	525	issuance of permits.
526	526	(20) Senate Rule 12.03(2) is suspended to permit the
527	527	committee to omit text not in disagreement by omitting amended
528	528	Sections 21.101, 21.105, and 21.112, Transportation Code.
529	529	Explanation: The omission of the text is necessary so that
530	530	the bill does not permit the expansion of eligibility for receipt of
531	531	state grant funds for airport operations if the owner of the airport
532	532	is eligible to receive funds under the federal airport improvement
533	533	program.
534	534	(21) Senate Rule 12.03(2) is suspended to permit the
535	535	committee to omit text not in disagreement by omitting added text
536	536	relating to the creation, organization, governance, duties, and
537	537	functions of the Texas Department of Motor Vehicles, including the
538	538	transfer of certain duties to the Texas Department of Motor
539	539	Vehicles and the Texas Department of Licensing and Regulation, and
540	540	to the regulation of certain franchised motor vehicle dealers.
541	541	Explanation: The omission of the text is necessary because
542	542	the provisions of law included in the omitted text have been
543	543	substantially adopted under another Act of the 81st Legislature,
544	544	Regular Session, 2009.
545	545	(22) Senate Rule 12.03(2) is suspended to permit the
546	546	committee to omit text not in disagreement by omitting added
547	547	Section 456.009(c), Transportation Code.
548	548	Explanation: The omission of text is necessary to give the
549	549	Texas Transportation Commission additional discretion in the
550	550	allocation of funds under Subchapters B and C, Chapter 456,
551	551	Transportation Code.
552	552	(23) Senate Rule 12.03(2) is suspended to permit the
553	553	committee to omit text not in disagreement by omitting Sections
554	554	284.0701(d) and (d-1), 284.0702(b) and (c), 366.178(f), (i), and
555	555	(i-1), 370.177(e), (e-1), (g), and (i), Transportation Code.
556	556	Explanation: The omission is necessary because other
557	557	legislation passed during the 81st Legislature, Regular Session,
558	558	provided for these changes to the Transportation Code.
559	559	(24) Senate Rules 12.03(3) and (4) are suspended to permit
560	560	the committee to add ARTICLE 45 to the bill:
561	561	ARTICLE 45. PROHIBITION ON CERTAIN TRANSPORTATION FINANCING
562	562	SECTION 45.01. Subchapter G, Chapter 452, Transportation
563	563	Code, is amended by adding Section 452.306 to read as follows:
564	564	Sec. 452.306. CERTAIN FUNDING PROHIBITED; APPROVAL OF ROUTE
565	565	CHANGE. (a) This section applies only to a municipality that:
566	566	(1) has a population of more than 200,000 and less than
567	567	250,000; and
568	568	(2) is located in a county in which another
569	569	municipality with a population of more than one million is
570	570	predominantly located.
571	571	(b) State funding or funding from any local option method of
572	572	finance authorized at an election may not be used to directly or
573	573	indirectly finance a project with the purpose of circumventing or
574	574	moving the Orange Line of the authority to which this subchapter
575	575	applies from its established proposed route directly into the
576	576	operational area of the Dallas-Fort Worth International Airport
577	577	located between Terminals A and B.
578	578	(c) Only if approved by resolution adopted by the governing
579	579	body of a municipality to which this section applies may a deviation
580	580	occur in the Orange Line route and alignment from Bachman Station in
581	581	northwest Dallas, northwest to the Las Colinas Urban Center by the
582	582	year 2011, continuing northwest to the Belt Line Station by the year
583	583	2012, continuing to the northwest along the south side of State
584	584	Highway 114, turning south along International Parkway, and not
585	585	crossing State Highway 121 or State Highway 114 after entering onto
586	586	Dallas-Fort Worth International Airport property to create the
587	587	shortest, most direct route practicable to facilitate a direct
588	588	connection to the operational area of Dallas-Fort Worth
589	589	International Airport located between Terminals A and B by the year
590	590	2013.
591	591	Explanation: This change is necessary to prohibit funding
592	592	for projects that move certain proposed rail line routes of certain
593	593	regional transportation authorities and to require municipal
594	594	approval of any changes to those routes.
595	595	(25) Senate Rules 12.03(3) and (4) are suspended to permit
596	596	the committee to add new Sections 373.002(11), (12), and (13),
597	597	Transportation Code, to read as follows:
598	598	(11) the IH 35E managed lanes project in Dallas and
599	599	Denton Counties from IH 635 to US 380;
600	600	(12) the IH 30 managed lanes project from Baird Farm
601	601	Road in Tarrant County to IH 35E in Dallas County; or
602	602	(13) the SH 183 managed lanes project in Dallas County
603	603	from SH 161 to SH 114 in Irving and from SH 114 to IH 35E in Dallas.
604	604	Explanation: This change is necessary to add certain toll
605	605	projects to the list of projects exempt from the application of the
606	606	toll project primacy process.
607	607	(26) Senate Rules 12.03(3) and (4) are suspended to permit
608	608	the committee to add SECTION 8.01 to the bill:
609	609	SECTION 8.01. (a) Section 502.1725, Transportation Code,
610	610	is amended by amending Subsections (a), (d), (e), (f), and (g) and
611	611	adding Subsections (e-1), (f-1), (i), and (j) to read as follows:
612	612	(a) This section applies only to:
613	613	(1) a county:
614	614	(A) [(1)] that borders the United Mexican
615	615	States;
616	616	(B) [(2)] that has a population of more than
617	617	150,000 [300,000]; and
618	618	(C) [(3)] in which the largest municipality has a
619	619	population of less than 300,000; and
620	620	(2) a county that has a population of less than 50,000
621	621	that:
622	622	(A) borders the United Mexican States; and
623	623	(B) contains at least one federal military base.
624	624	(d) A fee imposed under this section may take effect only on
625	625	January 1 of a year. The county must adopt the order and notify the
626	626	department not later than September 1 of the year preceding the year
627	627	in which the fee takes effect. A fee imposed under this section is
628	628	not required to be annually reauthorized and remains in effect
629	629	until removed as provided by Subsection (e).
630	630	(e) Subject to Subsection (e-1), a [A] fee imposed under
631	631	this section may be removed. The removal may take effect only on
632	632	January 1 of a year. A county may remove the fee only by:
633	633	(1) rescinding the order imposing the fee; and
634	634	(2) notifying the department not later than September
635	635	1 of the year preceding the year in which the removal takes effect.
636	636	(e-1) If the revenue from a fee imposed under this section
637	637	is pledged or assigned to secure the payment of obligations as
638	638	provided by Subsection (f-1), the fee may not be removed until the
639	639	obligations secured by the pledge or assignment have been paid or
640	640	discharged.
641	641	(f) The county assessor-collector of a county imposing a fee
642	642	under this section shall collect the additional fee for a vehicle
643	643	when other fees imposed under this chapter are collected. The
644	644	county shall deposit [send] the fee revenue in a special account in
645	645	the county general fund. Money in the account may be used only for a
646	646	purpose authorized under Section (7-a), Article VIII, Texas
647	647	Constitution, and only to contract with:
648	648	(1) [to] the regional mobility authority of the county
649	649	to promote and maintain a public purpose of the county that involves
650	650	funding [fund] long-term transportation projects in the county;
651	651	(2) a transportation governmental entity designated
652	652	under Subsection (j) to promote and maintain a public purpose of the
653	653	county that involves funding long-term transportation projects in
654	654	the county; or
655	655	(3) a public or private entity developing a long-term
656	656	transportation project in the county under an agreement with the
657	657	county, the regional mobility authority of the county, or a
658	658	transportation governmental entity designated under Subsection (j)
659	659	to promote and maintain a public purpose of the county.
660	660	(f-1) Revenue from a fee imposed under this section may be
661	661	pledged or assigned by the county, the regional mobility authority
662	662	of the county with which the county contracts under Subsection (f),
663	663	or a transportation governmental entity with which the county
664	664	contracts under Subsection (f) to secure the payment of obligations
665	665	associated with the development of long-term transportation
666	666	projects in the county as provided by Subsection (f).
667	667	(g) The department shall collect the additional fee on a
668	668	vehicle that is owned by a resident of a county imposing a fee under
669	669	this section and that, under this chapter, must be registered
670	670	directly with the department. The department shall send all fees
671	671	collected for a county under this subsection to the county for
672	672	deposit and use as provided by Subsection (f) or (f-1) [regional
673	673	mobility authority of the county to fund long-term transportation
674	674	projects in the county].
675	675	(i) Notwithstanding Subsection (b), the fee imposed under
676	676	this section by the commissioners court of a county to which this
677	677	subsection applies may not exceed $50. This subsection applies only
678	678	to a county:
679	679	(1) that borders the United Mexican States;
680	680	(2) that has a population of more than 150,000;
681	681	(3) in which the largest municipality has a population
682	682	of less than 300,000; and
683	683	(4) that does not border the Gulf of Mexico.
684	684	(j) The department shall designate the governmental
685	685	entities that serve primarily a transportation function and with
686	686	which counties may contract under Subsection (f).
687	687	(b) This section takes effect immediately if this Act
688	688	receives a vote of two-thirds of all the members elected to each
689	689	house, as provided by Section 39, Article III, Texas Constitution.
690	690	If this Act does not receive the vote necessary for immediate
691	691	effect, this section takes effect September 1, 2009.
692	692	Explanation: This change is necessary to provide for
693	693	authorization and imposition of optional fees on the registration
694	694	of motor vehicles in certain counties.