84R3439 JAM-D
By: Burkett H.B. No. 565
A BILL TO BE ENTITLED
AN ACT
relating to powers of private toll project entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 362.102, Transportation Code, is amended
to read as follows:
Sec. 362.102. [COMMISSION APPROVAL OF] PRIVATE TURNPIKE OR
TOLL PROJECT PROHIBITED [REQUIRED]. Notwithstanding any other
provision of law, a private entity may not construct a privately
owned turnpike or toll project that connects to a road, bridge, or
highway in the state highway system [unless the commission approves
the private turnpike or toll project as provided by this
subchapter].
SECTION 2. Subchapter C, Chapter 362, Transportation Code,
is amended by adding Section 362.105 to read as follows:
Sec. 362.105. USE OF EMINENT DOMAIN BY TOLL ROAD
CORPORATION. Notwithstanding Section 30, Chapter 766 (H.B. 749),
Acts of the 72nd Legislature, Regular Session, 1991, a corporation
that has the powers, rights, and privileges of a corporation
created under former Chapter 11, Title 32, Revised Statutes, as
that law existed on August 31, 1991, other than a corporation to
which Section 431.073(c) applies, may not exercise the power of
eminent domain granted under that former law.
SECTION 3. Section 362.102, Transportation Code, as amended
by this Act, does not affect a turnpike or toll project approved by
the Texas Transportation Commission before the effective date of
this Act.
SECTION 4. Sections 362.103 and 362.104, Transportation
Code, are repealed.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.