| 1 | 1 | | 84R7190 JAM-F |
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| 2 | 2 | | By: Anchia H.B. No. 3674 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the provision of financial assistance by the Texas |
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| 8 | 8 | | Department of Transportation to other toll project entities. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Sections 222.103(a) and (c), Transportation |
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| 11 | 11 | | Code, are amended to read as follows: |
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| 12 | 12 | | (a) The department may participate, by spending money from |
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| 13 | 13 | | any available source, in the cost of the acquisition, construction, |
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| 14 | 14 | | maintenance, or operation of a toll facility by a transportation |
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| 15 | 15 | | corporation created by the commission under Chapter 431 [of a |
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| 16 | 16 | | public or private entity] on terms and conditions established by |
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| 17 | 17 | | the commission. The commission[: |
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| 18 | 18 | | [(1)] may require the repayment of any money spent by |
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| 19 | 19 | | the department for the cost of a toll facility [of a public entity; |
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| 20 | 20 | | and |
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| 21 | 21 | | [(2) shall require the repayment of any money spent by |
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| 22 | 22 | | the department for the cost of a toll facility of a private entity]. |
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| 23 | 23 | | (c) A bond or other debt obligation issued by a |
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| 24 | 24 | | transportation corporation [public or private entity] to finance |
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| 25 | 25 | | the cost of a toll facility in which the department participates is |
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| 26 | 26 | | an obligation of the issuing entity and is not an obligation of this |
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| 27 | 27 | | state. |
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| 28 | 28 | | SECTION 2. Section 284.003(d), Transportation Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (d) If the county constructs, acquires, improves, operates, |
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| 31 | 31 | | maintains, or pools a project under this chapter, before December |
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| 32 | 32 | | 31 of each even-numbered year the county shall submit to the |
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| 33 | 33 | | department a plan for the project that includes the time schedule |
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| 34 | 34 | | for the project and describes the use of project funds. The plan |
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| 35 | 35 | | may provide for and permit the use of project funds and other |
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| 36 | 36 | | money[, including state or federal funds,] available to the county |
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| 37 | 37 | | for roads, streets, highways, and other related facilities in the |
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| 38 | 38 | | county that are not part of a project under this chapter. A plan is |
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| 39 | 39 | | not subject to approval, supervision, or regulation by the |
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| 40 | 40 | | commission or the department, except that: |
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| 41 | 41 | | (1) [any use of state or federal highway funds must be |
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| 42 | 42 | | approved by the commission; |
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| 43 | 43 | | [(2)] any work on a highway in the state highway system |
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| 44 | 44 | | must be approved by the department; and |
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| 45 | 45 | | (2) [(3)] the department shall supervise and regulate |
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| 46 | 46 | | work on a highway in the state highway system. |
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| 47 | 47 | | SECTION 3. Section 284.006, Transportation Code, is amended |
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| 48 | 48 | | to read as follows: |
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| 49 | 49 | | Sec. 284.006. FEDERAL OR STATE AID. (a) A county may: |
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| 50 | 50 | | (1) accept from the United States or this state |
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| 51 | 51 | | assistance or a loan, gift, grant, or contribution to acquire, |
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| 52 | 52 | | construct, improve, maintain, pool, or operate a project under this |
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| 53 | 53 | | chapter; and |
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| 54 | 54 | | (2) enter into agreements with the United States or |
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| 55 | 55 | | this state for the acquisition, construction, improvement, |
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| 56 | 56 | | maintenance, pooling, or operation of the project. |
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| 57 | 57 | | (b) The commission or the department may provide a loan, |
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| 58 | 58 | | grant, contribution, or other assistance to a county for a project |
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| 59 | 59 | | only if the project: |
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| 60 | 60 | | (1) is in the state highway system; and |
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| 61 | 61 | | (2) is designed, constructed, operated, repaired, or |
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| 62 | 62 | | maintained by the county on behalf of the department. |
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| 63 | 63 | | SECTION 4. Section 284.008(a), Transportation Code, is |
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| 64 | 64 | | amended to read as follows: |
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| 65 | 65 | | (a) The commission may: |
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| 66 | 66 | | (1) [provide for and contribute toward the |
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| 67 | 67 | | acquisition, construction, improvement, operation, maintenance, or |
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| 68 | 68 | | pooling of a project under this chapter and under terms to which the |
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| 69 | 69 | | commission and the local government corporation or county agree |
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| 70 | 70 | | that are consistent with the rights of bondholders or a person |
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| 71 | 71 | | operating the project under a lease or other contract; |
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| 72 | 72 | | [(2)] lease a project under terms: |
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| 73 | 73 | | (A) to which the county or local government |
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| 74 | 74 | | corporation acting under this chapter and the commission agree; and |
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| 75 | 75 | | (B) that are consistent with the bond instrument; |
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| 76 | 76 | | and |
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| 77 | 77 | | (2) [(3)] declare any part of a project under this |
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| 78 | 78 | | chapter to be a part of the state highway system and operate any |
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| 79 | 79 | | part of a project as part of the state highway system, to the extent |
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| 80 | 80 | | that property and contract rights in the project and bonds are not |
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| 81 | 81 | | affected unfavorably. |
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| 82 | 82 | | SECTION 5. Section 366.033, Transportation Code, is amended |
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| 83 | 83 | | by amending Subsection (a) and adding Subsection (m) to read as |
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| 84 | 84 | | follows: |
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| 85 | 85 | | (a) An authority, acting through its board, without state |
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| 86 | 86 | | approval, supervision, or regulation, may: |
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| 87 | 87 | | (1) adopt rules for the regulation of its affairs and |
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| 88 | 88 | | the conduct of its business; |
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| 89 | 89 | | (2) adopt an official seal; |
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| 90 | 90 | | (3) study, evaluate, design, acquire, construct, |
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| 91 | 91 | | maintain, repair, and operate turnpike projects, individually or as |
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| 92 | 92 | | one or more systems; |
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| 93 | 93 | | (4) acquire, hold, and dispose of property in the |
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| 94 | 94 | | exercise of its powers and the performance of its duties under this |
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| 95 | 95 | | chapter; |
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| 96 | 96 | | (5) enter into contracts or operating agreements with |
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| 97 | 97 | | similar authorities or agencies of the United States, a state of the |
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| 98 | 98 | | United States, the United Mexican States, or a state of the United |
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| 99 | 99 | | Mexican States; |
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| 100 | 100 | | (6) enter into contracts or agreements necessary or |
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| 101 | 101 | | incidental to its duties and powers under this chapter; |
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| 102 | 102 | | (7) cooperate and work directly with property owners |
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| 103 | 103 | | and governmental agencies and officials to support an activity |
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| 104 | 104 | | required to promote or develop a turnpike project or system; |
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| 105 | 105 | | (8) employ and set the compensation and benefits of |
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| 106 | 106 | | administrators, consulting engineers, attorneys, accountants, |
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| 107 | 107 | | construction and financial experts, superintendents, managers, |
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| 108 | 108 | | full-time and part-time employees, agents, consultants, and such |
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| 109 | 109 | | other persons as the authority considers necessary or useful; |
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| 110 | 110 | | (9) receive loans, gifts, grants, and other |
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| 111 | 111 | | contributions for the construction of a turnpike project or system |
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| 112 | 112 | | and receive contributions of money, property, labor, or other |
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| 113 | 113 | | things of value from any source, including the United States, a |
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| 114 | 114 | | state of the United States, the United Mexican States, a state of |
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| 115 | 115 | | the United Mexican States, [the commission, the department,] any |
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| 116 | 116 | | subdivision of the state, or any other local governmental or |
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| 117 | 117 | | private entity, to be used for the purposes for which the grants or |
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| 118 | 118 | | contributions are made, and enter into any agreement necessary for |
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| 119 | 119 | | the grants or contributions; |
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| 120 | 120 | | (10) install, construct, maintain, repair, renew, |
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| 121 | 121 | | relocate, and remove public utility facilities in, on, along, over, |
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| 122 | 122 | | or under a turnpike project; |
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| 123 | 123 | | (11) organize a corporation under Chapter 431 for the |
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| 124 | 124 | | promotion and development of turnpike projects and systems; |
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| 125 | 125 | | (12) adopt and enforce rules not inconsistent with |
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| 126 | 126 | | this chapter for the use of any turnpike project or system, |
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| 127 | 127 | | including traffic and other public safety rules; |
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| 128 | 128 | | (13) enter into leases, operating agreements, service |
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| 129 | 129 | | agreements, licenses, franchises, and similar agreements with |
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| 130 | 130 | | public or private parties governing the parties' use of all or any |
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| 131 | 131 | | portion of a turnpike project and the rights and obligations of the |
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| 132 | 132 | | authority with respect to a turnpike project; and |
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| 133 | 133 | | (14) do all things necessary or appropriate to carry |
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| 134 | 134 | | out the powers expressly granted by this chapter. |
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| 135 | 135 | | (m) The commission or the department may provide a loan, |
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| 136 | 136 | | grant, contribution, or other assistance to an authority for a |
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| 137 | 137 | | turnpike project only if the project: |
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| 138 | 138 | | (1) is on the state highway system; and |
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| 139 | 139 | | (2) is designed, constructed, operated, repaired, or |
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| 140 | 140 | | maintained by the authority on behalf of the department. |
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| 141 | 141 | | SECTION 6. Section 366.113(a), Transportation Code, is |
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| 142 | 142 | | amended to read as follows: |
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| 143 | 143 | | (a) The principal of, interest on, and any redemption |
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| 144 | 144 | | premium on bonds issued by an authority are payable solely from: |
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| 145 | 145 | | (1) the revenue of the turnpike project or system for |
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| 146 | 146 | | which the bonds are issued, including tolls pledged to pay the |
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| 147 | 147 | | bonds; |
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| 148 | 148 | | (2) payments made under an agreement with [the |
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| 149 | 149 | | commission or] a local governmental entity as provided by |
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| 150 | 150 | | Subchapter G; |
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| 151 | 151 | | (3) money derived from any other source available to |
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| 152 | 152 | | the authority, other than money derived from a turnpike project |
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| 153 | 153 | | that is not part of the same system or money derived from a |
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| 154 | 154 | | different system, except to the extent that the surplus revenue of a |
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| 155 | 155 | | turnpike project or system has been pledged for that purpose; and |
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| 156 | 156 | | (4) amounts received under a credit agreement relating |
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| 157 | 157 | | to the turnpike project or system for which the bonds are issued. |
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| 158 | 158 | | SECTION 7. Section 366.174(b), Transportation Code, is |
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| 159 | 159 | | amended to read as follows: |
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| 160 | 160 | | (b) An authority may transfer into its revolving fund money |
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| 161 | 161 | | from any permissible source, including: |
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| 162 | 162 | | (1) money from a turnpike project if the transfer does |
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| 163 | 163 | | not diminish the money available for the project or the system, if |
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| 164 | 164 | | any, of which it is a part to less than an amount required to be |
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| 165 | 165 | | retained by the bond proceedings pertaining to the project or |
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| 166 | 166 | | system; |
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| 167 | 167 | | (2) money received by the authority from any source |
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| 168 | 168 | | and not otherwise committed, including money from the transfer of a |
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| 169 | 169 | | turnpike project or system or sale of authority assets; and |
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| 170 | 170 | | (3) [money received from the state highway fund; and |
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| 171 | 171 | | [(4)] contributions, loans, grants, or assistance |
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| 172 | 172 | | from the United States, another state, a political subdivision of |
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| 173 | 173 | | this state, a foreign governmental entity, including the United |
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| 174 | 174 | | Mexican States or a state of the United Mexican States, a local |
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| 175 | 175 | | governmental entity, any private enterprise, or any person. |
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| 176 | 176 | | SECTION 8. Section 370.033, Transportation Code, is amended |
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| 177 | 177 | | by amending Subsections (a) and (m) and adding Subsection (s) to |
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| 178 | 178 | | read as follows: |
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| 179 | 179 | | (a) An authority, through its board, may: |
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| 180 | 180 | | (1) adopt rules for the regulation of its affairs and |
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| 181 | 181 | | the conduct of its business; |
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| 182 | 182 | | (2) adopt an official seal; |
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| 183 | 183 | | (3) study, evaluate, design, finance, acquire, |
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| 184 | 184 | | construct, maintain, repair, and operate transportation projects, |
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| 185 | 185 | | individually or as one or more systems, provided that a |
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| 186 | 186 | | transportation project that is subject to Subpart C, 23 C.F.R. Part |
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| 187 | 187 | | 450, is: |
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| 188 | 188 | | (A) included in the plan approved by the |
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| 189 | 189 | | applicable metropolitan planning organization; and |
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| 190 | 190 | | (B) consistent with the statewide transportation |
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| 191 | 191 | | plan and the statewide transportation improvement program; |
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| 192 | 192 | | (4) acquire, hold, and dispose of property in the |
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| 193 | 193 | | exercise of its powers and the performance of its duties under this |
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| 194 | 194 | | chapter; |
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| 195 | 195 | | (5) enter into contracts or operating agreements with |
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| 196 | 196 | | a similar authority, another governmental entity, or an agency of |
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| 197 | 197 | | the United States, a state of the United States, the United Mexican |
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| 198 | 198 | | States, or a state of the United Mexican States; |
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| 199 | 199 | | (6) enter into contracts or agreements necessary or |
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| 200 | 200 | | incidental to its powers and duties under this chapter; |
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| 201 | 201 | | (7) cooperate and work directly with property owners |
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| 202 | 202 | | and governmental entities and officials to support an activity |
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| 203 | 203 | | required to promote or develop a transportation project; |
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| 204 | 204 | | (8) employ and set the compensation and benefits of |
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| 205 | 205 | | administrators, consulting engineers, attorneys, accountants, |
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| 206 | 206 | | construction and financial experts, superintendents, managers, |
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| 207 | 207 | | full-time and part-time employees, agents, consultants, and other |
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| 208 | 208 | | persons as the authority considers necessary or useful; |
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| 209 | 209 | | (8-a) participate in the state travel management |
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| 210 | 210 | | program administered by the comptroller for the purpose of |
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| 211 | 211 | | obtaining reduced airline fares and reduced travel agent fees, |
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| 212 | 212 | | provided that the comptroller may charge the authority a fee not to |
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| 213 | 213 | | exceed the costs incurred by the comptroller in providing services |
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| 214 | 214 | | to the authority; |
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| 215 | 215 | | (9) notwithstanding Sections 221.003 and 222.031 and |
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| 216 | 216 | | subject to Subsections (j), [and] (m), and (s), apply for, directly |
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| 217 | 217 | | or indirectly receive and spend loans, gifts, grants, and other |
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| 218 | 218 | | contributions for any purpose of this chapter, including the |
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| 219 | 219 | | construction of a transportation project, and receive and spend |
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| 220 | 220 | | contributions of money, property, labor, or other things of value |
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| 221 | 221 | | from any source, including the United States, a state of the United |
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| 222 | 222 | | States, the United Mexican States, a state of the United Mexican |
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| 223 | 223 | | States, the commission, the department, a subdivision of this |
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| 224 | 224 | | state, or a governmental entity or private entity, to be used for |
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| 225 | 225 | | the purposes for which the grants, loans, or contributions are |
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| 226 | 226 | | made, and enter into any agreement necessary for the grants, loans, |
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| 227 | 227 | | or contributions; |
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| 228 | 228 | | (10) install, construct, or contract for the |
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| 229 | 229 | | construction of public utility facilities, direct the time and |
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| 230 | 230 | | manner of construction of a public utility facility in, on, along, |
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| 231 | 231 | | over, or under a transportation project, or request the removal or |
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| 232 | 232 | | relocation of a public utility facility in, on, along, over, or |
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| 233 | 233 | | under a transportation project; |
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| 234 | 234 | | (11) organize a corporation under Chapter 431 for the |
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| 235 | 235 | | promotion and development of transportation projects; |
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| 236 | 236 | | (12) adopt and enforce rules not inconsistent with |
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| 237 | 237 | | this chapter for the use of any transportation project, including |
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| 238 | 238 | | tolls, fares, or other user fees, speed and weight limits, and |
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| 239 | 239 | | traffic and other public safety rules, provided that an authority |
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| 240 | 240 | | must consider the same factors that the Texas Turnpike Authority |
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| 241 | 241 | | division of the department must consider in altering a prima facie |
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| 242 | 242 | | speed limit under Section 545.354; |
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| 243 | 243 | | (13) enter into leases, operating agreements, service |
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| 244 | 244 | | agreements, licenses, franchises, and similar agreements with a |
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| 245 | 245 | | public or private party governing the party's use of all or any |
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| 246 | 246 | | portion of a transportation project and the rights and obligations |
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| 247 | 247 | | of the authority with respect to a transportation project; |
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| 248 | 248 | | (14) borrow money from or enter into a loan agreement |
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| 249 | 249 | | or other arrangement with the state infrastructure bank, the |
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| 250 | 250 | | department, or the commission, subject to Subsection (s), or with |
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| 251 | 251 | | any other public or private entity; and |
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| 252 | 252 | | (15) do all things necessary or appropriate to carry |
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| 253 | 253 | | out the powers and duties expressly granted or imposed by this |
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| 254 | 254 | | chapter. |
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| 255 | 255 | | (m) If an authority receives money from the general revenue |
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| 256 | 256 | | fund, the Texas Mobility Fund, or the state highway fund it may use |
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| 257 | 257 | | the money only to acquire, design, finance, construct, operate, or |
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| 258 | 258 | | maintain a turnpike project under Section 370.003(14)(A) or (D) or |
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| 259 | 259 | | a transit system under Section 370.351, except that money received |
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| 260 | 260 | | from the Texas Mobility Fund or the state highway fund may be used |
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| 261 | 261 | | only as provided by Subsection (s). |
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| 262 | 262 | | (s) The commission or the department may provide a loan, |
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| 263 | 263 | | grant, contribution, or other assistance to an authority for a |
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| 264 | 264 | | turnpike project only if the project: |
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| 265 | 265 | | (1) is on the state highway system; and |
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| 266 | 266 | | (2) is designed, constructed, operated, repaired, or |
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| 267 | 267 | | maintained by the authority on behalf of the department. |
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| 268 | 268 | | SECTION 9. Section 370.173, Transportation Code, is amended |
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| 269 | 269 | | by adding Subsection (e) to read as follows: |
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| 270 | 270 | | (e) Money received from the state highway fund may only be |
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| 271 | 271 | | spent or advanced from the revolving fund for a transit system under |
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| 272 | 272 | | Section 370.351 or for a turnpike project that: |
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| 273 | 273 | | (1) is on the state highway system; and |
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| 274 | 274 | | (2) is designed, constructed, operated, repaired, or |
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| 275 | 275 | | maintained by the authority on behalf of the department. |
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| 276 | 276 | | SECTION 10. Sections 222.103(f), 284.008(b), 366.301, and |
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| 277 | 277 | | 370.301, Transportation Code, are repealed. |
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| 278 | 278 | | SECTION 11. (a) The changes in law made by this Act apply |
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| 279 | 279 | | only to a loan, grant, contribution, or other assistance provided |
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| 280 | 280 | | by the Texas Department of Transportation on or after the effective |
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| 281 | 281 | | date of this Act. |
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| 282 | 282 | | (b) The repeal by this Act of Sections 222.103(f), |
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| 283 | 283 | | 284.008(b), 366.301, and 370.301, Transportation Code, does not |
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| 284 | 284 | | affect any obligations outstanding immediately before the |
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| 285 | 285 | | effective date of this Act. |
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| 286 | 286 | | (c) A loan, grant, contribution, or other assistance |
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| 287 | 287 | | provided before the effective date of this Act is governed by the |
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| 288 | 288 | | law in effect on the date the loan, grant, contribution, or other |
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| 289 | 289 | | assistance is provided, and the former law is continued in effect |
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| 290 | 290 | | for that purpose. |
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| 291 | 291 | | SECTION 12. This Act takes effect September 1, 2015. |
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