H.B. No. 1394
AN ACT
relating to the composition, governance, and authority of a
regional tollway authority that has or proposes to have projects
located in counties that are not part of the authority.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 366.031, Transportation Code, is amended
by adding Subsection (e) to read as follows:
(e) A county that is not part of an authority and in which an
authority turnpike project is located becomes part of the authority
on the date the authority determines that:
(1) recorded electronic toll collections at toll
assessment facilities located in the county account for not less
than four percent of all recorded electronic toll collections on
all of the authority's turnpike projects; and
(2) the population of the county is at least four
percent of the aggregate population of all the counties of the
authority, not including the county that will become part of the
authority.
SECTION 2. Subchapter B, Chapter 366, Transportation Code,
is amended by adding Section 366.0311 to read as follows:
Sec. 366.0311. ADVISORY COMMITTEE FOR PROJECTS LOCATED
OUTSIDE AUTHORITY. (a) At the time an authority enters into a
primary construction contract for its first project to be located
in a county that is not part of the authority, the authority shall
create an advisory committee to advise the board on matters related
to projects located in counties that are not part of the authority.
(b) The advisory committee must be composed of:
(1) the director of the authority appointed by the
governor, who serves as the chair of the committee;
(2) an additional director of the authority appointed
by the presiding officer of the board as the presiding officer deems
appropriate; and
(3) one member from each county that is not part of the
authority and in which a project is proposed to be located, to be
appointed by the commissioners court of that county at the time a
primary construction contract for the project is entered into.
(c) An advisory committee member appointed under Subsection
(b)(3) is not a director of the authority for the purposes of
Section 366.251 or any other purpose.
(d) The board may adopt rules governing the operation and
duties of an advisory committee.
SECTION 3. Section 366.161, Transportation Code, is amended
to read as follows:
Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER
COUNTIES. An authority may acquire, construct, operate, maintain,
expand, or extend a turnpike project in:
(1) a county that is a part of the authority; or
(2) subject to Sections 366.031(e) and 366.0311, a
county in which the authority operates or is constructing a
turnpike project if the turnpike project in the affected county is a
continuation of the authority's turnpike project or system
extending from an adjacent county.
SECTION 4. Section 366.251(c), Transportation Code, is
amended to read as follows:
(c) In addition to directors appointed by a commissioners
court under Subsection (b), the commissioners courts of each county
that created the authority under Section 366.031 [of the authority]
shall appoint one additional director [if the county is:
[(1) a county that created the authority under Section
366.031; or
[(2) a county in which all or part of a turnpike
project of not less than 10 centerline miles in length is located
and has been open for use by the traveling public for at least three
years].
SECTION 5. This Act takes effect September 1, 2015.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1394 was passed by the House on May 5,
2015, by the following vote: Yeas 145, Nays 0, 2 present, not
voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 1394 was passed by the Senate on May
26, 2015, by the following vote: Yeas 31, Nays 0.
______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor