Texas 2013 - 83rd Regular

Texas House Bill HB2743 Compare Versions

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Old	New	Differences
1	1	83R17527 JAM-F
2	2	By: Phillips H.B. No. 2743
3	3	Substitute the following for H.B. No. 2743:
4	4	By: Martinez C.S.H.B. No. 2743
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the powers and jurisdiction of a regional mobility
10	10	authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 370.003(14), Transportation Code, is
13	13	amended to read as follows:
14	14	(14) "Transportation project" means:
15	15	(A) a turnpike project;
16	16	(B) a system;
17	17	(C) a passenger or freight rail facility,
18	18	including:
19	19	(i) tracks;
20	20	(ii) a rail line;
21	21	(iii) switching, signaling, or other
22	22	operating equipment;
23	23	(iv) a depot;
24	24	(v) a locomotive;
25	25	(vi) rolling stock;
26	26	(vii) a maintenance facility; and
27	27	(viii) other real and personal property
28	28	associated with a rail operation;
29	29	(D) a roadway with a functional classification
30	30	greater than a local road or rural minor collector;
31	31	(D-1) a bridge;
32	32	(E) a ferry;
33	33	(F) an airport, other than an airport that on
34	34	September 1, 2005, was served by one or more air carriers engaged in
35	35	scheduled interstate transportation, as those terms were defined by
36	36	14 C.F.R. Section 1.1 on that date;
37	37	(G) a pedestrian or bicycle facility;
38	38	(H) an intermodal hub;
39	39	(I) an automated conveyor belt for the movement
40	40	of freight;
41	41	(J) a border crossing inspection station;
42	42	(K) an air quality improvement initiative;
43	43	(L) a public utility facility;
44	44	(M) a transit system;
45	45	(M-1) a parking area, structure, or facility, or
46	46	a collection device for parking fees;
47	47	(N) if applicable, projects and programs listed
48	48	in the most recently approved state implementation plan for the
49	49	area covered by the authority, including an early action compact;
50	50	[and]
51	51	(O) improvements in a transportation
52	52	reinvestment zone designated under Subchapter E, Chapter 222; and
53	53	(P) port security, transportation, or facility
54	54	projects eligible for funding under Section 55.002.
55	55	SECTION 2. Section 370.033, Transportation Code, is amended
56	56	by amending Subsections (c) and (f) and adding Subsections (f-1)
57	57	and (r) to read as follows:
58	58	(c) An authority may[, if requested by the commission,]
59	59	perform any function not specified by this chapter to promote or
60	60	develop a transportation project that the authority is authorized
61	61	to develop or operate under this chapter [in the authority's area of
62	62	jurisdiction].
63	63	(f) An authority [and a governmental entity] may enter into
64	64	a contract, agreement, interlocal agreement, or other similar
65	65	arrangement under which the authority may acquire, plan, design,
66	66	construct, maintain, repair, or operate a transportation project on
67	67	behalf of another [the] governmental entity if:
68	68	(1) the transportation project is located in the
69	69	authority's area of jurisdiction or in a county adjacent to the
70	70	authority's area of jurisdiction;
71	71	(2) the transportation project is being acquired,
72	72	planned, constructed, designed, operated, repaired, or maintained
73	73	on behalf of the department or another toll project entity, as
74	74	defined by Section 372.001; or
75	75	(3) for a transportation project that is not described
76	76	by Subdivision (1) or (2), the department approves the acquisition,
77	77	planning, construction, design, operation, repair, or maintenance
78	78	of the project by the authority.
79	79	(f-1) [An authority may enter into a contract or agreement
80	80	with the department under which the authority will plan, develop,
81	81	operate, or maintain a transportation project on behalf of the
82	82	department, subject to the transportation project being in the
83	83	authority's area of jurisdiction.] A contract or agreement under
84	84	Subsection (f) [this subsection] may contain terms and conditions
85	85	as may be approved by an authority, including payment obligations
86	86	of the governmental entity and the authority.
87	87	(r) This chapter may not be construed to restrict the
88	88	ability of an authority to enter into an agreement under Chapter
89	89	791, Government Code, with another governmental entity located
90	90	anywhere in this state.
91	91	SECTION 3. Section 370.161, Transportation Code, is amended
92	92	to read as follows:
93	93	Sec. 370.161. TRANSPORTATION PROJECTS EXTENDING INTO OTHER
94	94	COUNTIES. [(a)] An authority may study, evaluate, design,
95	95	finance, acquire, construct, operate, maintain, repair, expand, or
96	96	extend a transportation project [only] in:
97	97	(1) a county that is a part of the authority;
98	98	(2) a county in this state that is not a part of the
99	99	authority if the county and authority enter into an agreement under
100	100	Section 370.033(f)[:
101	101	[(A) the transportation project in that county is
102	102	a continuation of a transportation project of the authority
103	103	extending from a county adjacent to that county;
104	104	[(B) the county is given an opportunity to become
105	105	part of the authority on terms and conditions acceptable to the
106	106	authority and that county; and
107	107	[(C) the commissioners court of the county agrees
108	108	to the proposed acquisition, construction, operation, maintenance,
109	109	expansion, or extension of the transportation project in that
110	110	county]; or
111	111	(3) a county in another state or the United Mexican
112	112	States if:
113	113	(A) each governing body of a political
114	114	subdivision in which the project will be located agrees to the
115	115	proposed study, evaluation, design, financing, acquisition,
116	116	construction, operation, maintenance, repair, expansion, or
117	117	extension;
118	118	(B) the project will bring significant benefits
119	119	to the counties in this state that are part of the authority;
120	120	(C) the county in the other state is adjacent to a
121	121	county that [is]:
122	122	(i) is part of the authority studying,
123	123	evaluating, designing, financing, acquiring, constructing,
124	124	operating, maintaining, repairing, expanding, or extending the
125	125	transportation project; and
126	126	(ii) has a municipality with a population
127	127	of 500,000 or more; and
128	128	(D) the governor approves the proposed study,
129	129	evaluation, design, financing, acquisition, construction,
130	130	operation, maintenance, repair, expansion, or extension.
131	131	SECTION 4. Section 370.181(b), Transportation Code, is
132	132	amended to read as follows:
133	133	(b) An authority may enter into an agreement with one or
134	134	more persons to provide, on terms and conditions approved by the
135	135	authority, personnel and services to design, construct, operate,
136	136	maintain, expand, enlarge, or extend a [the] transportation project
137	137	owned or operated by [of] the authority.
138	138	SECTION 5. This Act takes effect immediately if it receives
139	139	a vote of two-thirds of all the members elected to each house, as
140	140	provided by Section 39, Article III, Texas Constitution. If this
141	141	Act does not receive the vote necessary for immediate effect, this
142	142	Act takes effect September 1, 2013.