Texas 2013 - 83rd Regular

Texas Senate Bill SB1489 Compare Versions

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Old	New	Differences
1	1	83R25480 JAM-F
2	2	By: Watson S.B. No. 1489
3	3	(Phillips)
4	4	Substitute the following for S.B. No. 1489: No.
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	including:
43	43	(i) a border crossing inspection station
44	44	located at or near an international border crossing; and
45	45	(ii) a border crossing inspection station
46	46	located at or near a border crossing from another state of the
47	47	United States and not more than 50 miles from an international
48	48	border;
49	49	(K) an air quality improvement initiative;
50	50	(L) a public utility facility;
51	51	(M) a transit system;
52	52	(M-1) a parking area, structure, or facility, or
53	53	a collection device for parking fees;
54	54	(N) if applicable, projects and programs listed
55	55	in the most recently approved state implementation plan for the
56	56	area covered by the authority, including an early action compact;
57	57	[and]
58	58	(O) improvements in a transportation
59	59	reinvestment zone designated under Subchapter E, Chapter 222; and
60	60	(P) port security, transportation, or facility
61	61	projects eligible for funding under Section 55.002.
62	62	SECTION 2. Section 370.033, Transportation Code, is amended
63	63	by amending Subsections (c) and (f) and adding Subsections (f-1)
64	64	and (r) to read as follows:
65	65	(c) An authority may[, if requested by the commission,]
66	66	perform any function not specified by this chapter to promote or
67	67	develop a transportation project that the authority is authorized
68	68	to develop or operate under this chapter [in the authority's area of
69	69	jurisdiction].
70	70	(f) An authority [and a governmental entity] may enter into
71	71	a contract, agreement, interlocal agreement, or other similar
72	72	arrangement under which the authority may acquire, plan, design,
73	73	construct, maintain, repair, or operate a transportation project on
74	74	behalf of another [the] governmental entity if:
75	75	(1) the transportation project is located in the
76	76	authority's area of jurisdiction or in a county adjacent to the
77	77	authority's area of jurisdiction;
78	78	(2) the transportation project is being acquired,
79	79	planned, constructed, designed, operated, repaired, or maintained
80	80	on behalf of the department or another toll project entity, as
81	81	defined by Section 372.001; or
82	82	(3) for a transportation project that is not described
83	83	by Subdivision (1) or (2), the department approves the acquisition,
84	84	planning, construction, design, operation, repair, or maintenance
85	85	of the project by the authority.
86	86	(f-1) [An authority may enter into a contract or agreement
87	87	with the department under which the authority will plan, develop,
88	88	operate, or maintain a transportation project on behalf of the
89	89	department, subject to the transportation project being in the
90	90	authority's area of jurisdiction.] A contract or agreement under
91	91	Subsection (f) [this subsection] may contain terms and conditions
92	92	as may be approved by an authority, including payment obligations
93	93	of the governmental entity and the authority.
94	94	(r) This chapter may not be construed to restrict the
95	95	ability of an authority to enter into an agreement under Chapter
96	96	791, Government Code, with another governmental entity located
97	97	anywhere in this state.
98	98	SECTION 3. Section 370.161, Transportation Code, is amended
99	99	to read as follows:
100	100	Sec. 370.161. TRANSPORTATION PROJECTS EXTENDING INTO OTHER
101	101	COUNTIES. [(a)] An authority may study, evaluate, design,
102	102	finance, acquire, construct, operate, maintain, repair, expand, or
103	103	extend a transportation project [only] in:
104	104	(1) a county that is a part of the authority;
105	105	(2) a county in this state that is not a part of the
106	106	authority if the county and authority enter into an agreement under
107	107	Section 370.033(f)[:
108	108	[(A) the transportation project in that county is
109	109	a continuation of a transportation project of the authority
110	110	extending from a county adjacent to that county;
111	111	[(B) the county is given an opportunity to become
112	112	part of the authority on terms and conditions acceptable to the
113	113	authority and that county; and
114	114	[(C) the commissioners court of the county agrees
115	115	to the proposed acquisition, construction, operation, maintenance,
116	116	expansion, or extension of the transportation project in that
117	117	county]; or
118	118	(3) a county in another state or the United Mexican
119	119	States if:
120	120	(A) each governing body of a political
121	121	subdivision in which the project will be located agrees to the
122	122	proposed study, evaluation, design, financing, acquisition,
123	123	construction, operation, maintenance, repair, expansion, or
124	124	extension;
125	125	(B) the project will bring significant benefits
126	126	to the counties in this state that are part of the authority;
127	127	(C) the county in the other state is adjacent to a
128	128	county that [is]:
129	129	(i) is part of the authority studying,
130	130	evaluating, designing, financing, acquiring, constructing,
131	131	operating, maintaining, repairing, expanding, or extending the
132	132	transportation project; and
133	133	(ii) has a municipality with a population
134	134	of 500,000 or more; and
135	135	(D) the governor approves the proposed study,
136	136	evaluation, design, financing, acquisition, construction,
137	137	operation, maintenance, repair, expansion, or extension.
138	138	SECTION 4. Section 370.181(b), Transportation Code, is
139	139	amended to read as follows:
140	140	(b) An authority may enter into an agreement with one or
141	141	more persons to provide, on terms and conditions approved by the
142	142	authority, personnel and services to design, construct, operate,
143	143	maintain, expand, enlarge, or extend a [the] transportation project
144	144	owned or operated by [of] the authority.
145	145	SECTION 5. Subchapter E, Chapter 370, Transportation Code,
146	146	is amended by adding Section 370.1911 to read as follows:
147	147	Sec. 370.1911. COMMERCIAL TRANSPORTATION PROCESSING
148	148	SYSTEMS AT INSPECTION FACILITIES AT INTERSTATE BORDERS. (a)
149	149	Notwithstanding Section 370.191, an authority may construct a
150	150	border inspection facility to be used solely for the purpose of
151	151	conducting commercial motor vehicle inspections by the Department
152	152	of Public Safety, provided that the facility is located:
153	153	(1) at or near a border crossing from another state of
154	154	the United States; and
155	155	(2) not more than 50 miles from an international
156	156	border.
157	157	(b) To the extent an authority constructing a border
158	158	inspection facility under this section considers appropriate to
159	159	expedite commerce, the facility may include implementation of
160	160	Intelligent Transportation Systems for Commercial Vehicle
161	161	Operations (ITS/CVO) technology.
162	162	SECTION 6. This Act takes effect immediately if it receives
163	163	a vote of two-thirds of all the members elected to each house, as
164	164	provided by Section 39, Article III, Texas Constitution. If this
165	165	Act does not receive the vote necessary for immediate effect, this
166	166	Act takes effect September 1, 2013.