H.B. No. 565
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 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. Before the
commission may approve a private turnpike or toll project, the
commission must hold a public meeting concerning the project in the
region in which the project will be located.
SECTION 2. Subchapter C, Chapter 362, Transportation Code,
is amended by adding Sections 362.105 and 362.106 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.
Sec. 362.106. AGREEMENT WITH TOLL PROJECT ENTITY. (a) In
this section, "toll project entity" has the meaning assigned by
Section 372.001.
(b) A private toll project entity may enter into an
agreement with a public toll project entity to finance, construct,
maintain, or operate a toll road.
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. 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.
______________________________ ______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 565 was passed by the House on May 4,
2015, by the following vote: Yeas 137, Nays 0, 3 present, not
voting; and that the House concurred in Senate amendments to H.B.
No. 565 on May 27, 2015, by the following vote: Yeas 140, Nays 1, 2
present, not voting.
______________________________
Chief Clerk of the House
I certify that H.B. No. 565 was passed by the Senate, with
amendments, on May 25, 2015, by the following vote: Yeas 31, Nays
0.
______________________________
Secretary of the Senate
APPROVED: __________________
Date
__________________
Governor