| 1 | 1 | | By: Orr H.B. No. 2921 |
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| 2 | 2 | | Substitute the following for H.B. No. 2921: |
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| 3 | 3 | | By: Davis of Dallas C.S.H.B. No. 2921 |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the composition and governance of a regional tollway |
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| 9 | 9 | | authority. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 366.031, Transportation Code, is amended |
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| 12 | 12 | | by adding Subsection (e) to read as follows: |
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| 13 | 13 | | (e) A county that is not part of an authority and in which an |
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| 14 | 14 | | authority turnpike project is located becomes part of the authority |
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| 15 | 15 | | on the date the authority determines that: |
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| 16 | 16 | | (1) recorded electronic toll collections at toll |
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| 17 | 17 | | assessment facilities located in the county are not less than four |
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| 18 | 18 | | percent of all recorded electronic toll collections on all of the |
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| 19 | 19 | | authority's turnpike projects; and |
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| 20 | 20 | | (2) the population of the county is at least four |
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| 21 | 21 | | percent of the aggregate population of all the counties of the |
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| 22 | 22 | | authority. |
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| 23 | 23 | | SECTION 2. Subchapter B, Chapter 366, Transportation Code, |
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| 24 | 24 | | is amended by adding Section 366.0311 to read as follows: |
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| 25 | 25 | | Sec. 366.0311. ADVISORY BOARD FOR CERTAIN PROJECTS. (a) An |
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| 26 | 26 | | authority shall create an advisory board to advise the board of |
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| 27 | 27 | | directors on matters related to projects located outside the |
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| 28 | 28 | | authority. |
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| 29 | 29 | | (b) The advisory board is composed of: |
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| 30 | 30 | | (1) the director appointed by the governor; |
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| 31 | 31 | | (2) an additional director appointed by the presiding |
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| 32 | 32 | | officer of the board of directors as the presiding officer deems |
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| 33 | 33 | | appropriate; and |
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| 34 | 34 | | (3) one member from each county that is not part of the |
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| 35 | 35 | | authority and in which a project is located appointed by the |
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| 36 | 36 | | commissioners court of that county. |
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| 37 | 37 | | (c) The board of directors may not make a decision that is |
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| 38 | 38 | | inconsistent with a recommendation of an advisory board unless the |
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| 39 | 39 | | board of directors issues a statement in writing addressing the |
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| 40 | 40 | | advisory board's recommendation. |
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| 41 | 41 | | (d) An advisory board member appointed under Subsection |
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| 42 | 42 | | (b)(3) is not a director of the authority for the purposes of |
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| 43 | 43 | | Section 366.251 or any other purpose. |
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| 44 | 44 | | (e) The board of directors may adopt rules governing the |
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| 45 | 45 | | operation and duties of an advisory board. |
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| 46 | 46 | | SECTION 3. Section 366.161, Transportation Code, is amended |
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| 47 | 47 | | to read as follows: |
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| 48 | 48 | | Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER |
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| 49 | 49 | | COUNTIES. An authority may acquire, construct, operate, maintain, |
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| 50 | 50 | | expand, or extend a turnpike project in: |
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| 51 | 51 | | (1) a county that is a part of the authority; or |
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| 52 | 52 | | (2) subject to Section 366.031(e), a county in which |
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| 53 | 53 | | the authority operates or is constructing a turnpike project if the |
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| 54 | 54 | | turnpike project in the affected county is a continuation of the |
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| 55 | 55 | | authority's turnpike project or system extending from an adjacent |
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| 56 | 56 | | county. |
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| 57 | 57 | | SECTION 4. Section 366.251(c), Transportation Code, is |
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| 58 | 58 | | amended to read as follows: |
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| 59 | 59 | | (c) In addition to directors appointed by a commissioners |
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| 60 | 60 | | court under Subsection (b), the commissioners courts of each county |
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| 61 | 61 | | that created the authority under Section 366.031 [of the authority] |
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| 62 | 62 | | shall appoint one additional director [if the county is: |
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| 63 | 63 | | (1) a county that created the authority under Section |
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| 64 | 64 | | 366.031; or |
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| 65 | 65 | | (2) a county in which all or part of a turnpike project |
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| 66 | 66 | | of not less than 10 centerline miles in length is located and has |
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| 67 | 67 | | been open for use by the traveling public for at least three |
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| 68 | 68 | | years]. |
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| 69 | 69 | | SECTION 5. This Act takes effect September 1, 2013. |
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