By: Watson S.B. No. 1488
(In the Senate - Filed March 7, 2013; March 18, 2013, read
first time and referred to Committee on Transportation;
April 29, 2013, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 5, Nays 4; April 29, 2013,
sent to printer.)
COMMITTEE SUBSTITUTE FOR S.B. No. 1488 By: Watson
A BILL TO BE ENTITLED
AN ACT
relating to comprehensive development agreements for the
financing, design, acquisition, construction, maintenance, or
operation of certain passenger rail projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 131, Transportation Code,
is amended by adding Section 131.905 to read as follows:
Sec. 131.905. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR
CERTAIN RAIL PROJECTS. (a) A comprehensive development agreement
for the financing, design, acquisition, construction, maintenance,
or operation of a passenger rail project that uses an existing rail
corridor may be entered into:
(1) by:
(A) the department;
(B) a regional mobility authority governed by
Chapter 370 that was created before January 1, 2003; or
(C) a rapid transit authority governed by Chapter
451 that was confirmed before July 1, 1985, and in which the
principal municipality has a population of less than 850,000; and
(2) for:
(A) the Elgin Rail project, as identified in the
Capital Area Metropolitan Planning Organization long-range
transportation plan for 2035; and
(B) projects associated with the portion of the
MoKan corridor located in Travis County.
(b) Notwithstanding Sections 223.201(f) and (i), the
provisions of Chapter 223 relating to comprehensive development
agreements for a toll project entered into by the department apply
to comprehensive development agreements for a rail project entered
into by an entity under Subsection (a).
(c) Chapter 371 applies to a comprehensive development
agreement under Subsection (a) as provided by Section 371.004.
SECTION 2. Subchapter A, Chapter 371, Transportation Code,
is amended by adding Section 371.004 to read as follows:
Sec. 371.004. APPLICABILITY TO CERTAIN RAIL PROJECTS. For
the purposes of applying this chapter to a comprehensive
development agreement under Section 131.905:
(1) "toll project entity" includes an entity that
enters into a comprehensive development agreement under that
section;
(2) "toll project" includes a project under that
section; and
(3) "toll" means passenger fares and other revenue
derived from charges for use of the project.
SECTION 3. This Act takes effect September 1, 2013.
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