| 1 | 1 | | By: Watson S.B. No. 1488 |
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| 2 | 2 | | (In the Senate - Filed March 7, 2013; March 18, 2013, read |
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| 3 | 3 | | first time and referred to Committee on Transportation; |
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| 4 | 4 | | April 29, 2013, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 5, Nays 4; April 29, 2013, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | COMMITTEE SUBSTITUTE FOR S.B. No. 1488 By: Watson |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | A BILL TO BE ENTITLED |
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| 11 | 11 | | AN ACT |
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| 12 | 12 | | relating to comprehensive development agreements for the |
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| 13 | 13 | | financing, design, acquisition, construction, maintenance, or |
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| 14 | 14 | | operation of certain passenger rail projects. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Subchapter Z, Chapter 131, Transportation Code, |
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| 17 | 17 | | is amended by adding Section 131.905 to read as follows: |
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| 18 | 18 | | Sec. 131.905. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR |
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| 19 | 19 | | CERTAIN RAIL PROJECTS. (a) A comprehensive development agreement |
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| 20 | 20 | | for the financing, design, acquisition, construction, maintenance, |
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| 21 | 21 | | or operation of a passenger rail project that uses an existing rail |
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| 22 | 22 | | corridor may be entered into: |
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| 23 | 23 | | (1) by: |
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| 24 | 24 | | (A) the department; |
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| 25 | 25 | | (B) a regional mobility authority governed by |
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| 26 | 26 | | Chapter 370 that was created before January 1, 2003; or |
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| 27 | 27 | | (C) a rapid transit authority governed by Chapter |
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| 28 | 28 | | 451 that was confirmed before July 1, 1985, and in which the |
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| 29 | 29 | | principal municipality has a population of less than 850,000; and |
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| 30 | 30 | | (2) for: |
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| 31 | 31 | | (A) the Elgin Rail project, as identified in the |
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| 32 | 32 | | Capital Area Metropolitan Planning Organization long-range |
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| 33 | 33 | | transportation plan for 2035; and |
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| 34 | 34 | | (B) projects associated with the portion of the |
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| 35 | 35 | | MoKan corridor located in Travis County. |
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| 36 | 36 | | (b) Notwithstanding Sections 223.201(f) and (i), the |
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| 37 | 37 | | provisions of Chapter 223 relating to comprehensive development |
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| 38 | 38 | | agreements for a toll project entered into by the department apply |
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| 39 | 39 | | to comprehensive development agreements for a rail project entered |
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| 40 | 40 | | into by an entity under Subsection (a). |
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| 41 | 41 | | (c) Chapter 371 applies to a comprehensive development |
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| 42 | 42 | | agreement under Subsection (a) as provided by Section 371.004. |
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| 43 | 43 | | SECTION 2. Subchapter A, Chapter 371, Transportation Code, |
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| 44 | 44 | | is amended by adding Section 371.004 to read as follows: |
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| 45 | 45 | | Sec. 371.004. APPLICABILITY TO CERTAIN RAIL PROJECTS. For |
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| 46 | 46 | | the purposes of applying this chapter to a comprehensive |
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| 47 | 47 | | development agreement under Section 131.905: |
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| 48 | 48 | | (1) "toll project entity" includes an entity that |
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| 49 | 49 | | enters into a comprehensive development agreement under that |
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| 50 | 50 | | section; |
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| 51 | 51 | | (2) "toll project" includes a project under that |
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| 52 | 52 | | section; and |
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| 53 | 53 | | (3) "toll" means passenger fares and other revenue |
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| 54 | 54 | | derived from charges for use of the project. |
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| 55 | 55 | | SECTION 3. This Act takes effect September 1, 2013. |
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| 56 | 56 | | * * * * * |
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