| 1 | 1 | | 84R5872 JTS-D |
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| 2 | 2 | | By: Birdwell S.B. No. 557 |
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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 composition, governance, and authority of a |
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| 8 | 8 | | regional tollway authority that has or proposes to have projects |
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| 9 | 9 | | located in counties that are not part of the authority. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Section 366.031, Transportation Code, is amended |
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| 12 | 12 | | by adding Subsection (e) to read as follows: |
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| 13 | 13 | | (e) A county that is not part of an authority and in which an |
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| 14 | 14 | | authority turnpike project is located becomes part of the authority |
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| 15 | 15 | | on the date the authority determines that: |
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| 16 | 16 | | (1) recorded electronic toll collections at toll |
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| 17 | 17 | | assessment facilities located in the county account for not less |
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| 18 | 18 | | than four percent of all recorded electronic toll collections on |
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| 19 | 19 | | all of the authority's turnpike projects; and |
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| 20 | 20 | | (2) the population of the county is at least four |
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| 21 | 21 | | percent of the aggregate population of all the counties of the |
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| 22 | 22 | | authority, not including the county that will become part of the |
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| 23 | 23 | | authority. |
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| 24 | 24 | | SECTION 2. Subchapter B, Chapter 366, Transportation Code, |
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| 25 | 25 | | is amended by adding Section 366.0311 to read as follows: |
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| 26 | 26 | | Sec. 366.0311. ADVISORY COMMITTEE FOR PROJECTS LOCATED |
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| 27 | 27 | | OUTSIDE AUTHORITY. (a) At the time an authority enters into a |
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| 28 | 28 | | primary construction contract for its first project to be located |
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| 29 | 29 | | in a county that is not part of the authority, the authority shall |
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| 30 | 30 | | create an advisory committee to advise the board on matters related |
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| 31 | 31 | | to projects located in counties that are not part of the authority. |
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| 32 | 32 | | (b) The advisory committee must be composed of: |
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| 33 | 33 | | (1) the director of the authority appointed by the |
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| 34 | 34 | | governor, who serves as the chair of the committee; |
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| 35 | 35 | | (2) an additional director of the authority appointed |
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| 36 | 36 | | by the presiding officer of the board as the presiding officer deems |
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| 37 | 37 | | appropriate; and |
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| 38 | 38 | | (3) one member from each county that is not part of the |
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| 39 | 39 | | authority and in which a project is proposed to be located, to be |
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| 40 | 40 | | appointed by the commissioners court of that county at the time a |
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| 41 | 41 | | primary construction contract for the project is entered into. |
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| 42 | 42 | | (c) An advisory committee member appointed under Subsection |
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| 43 | 43 | | (b)(3) is not a director of the authority for the purposes of |
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| 44 | 44 | | Section 366.251 or any other purpose. |
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| 45 | 45 | | (d) The board may adopt rules governing the operation and |
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| 46 | 46 | | duties of an advisory committee. |
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| 47 | 47 | | SECTION 3. Section 366.161, Transportation Code, is amended |
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| 48 | 48 | | to read as follows: |
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| 49 | 49 | | Sec. 366.161. TURNPIKE PROJECTS EXTENDING INTO OTHER |
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| 50 | 50 | | COUNTIES. An authority may acquire, construct, operate, maintain, |
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| 51 | 51 | | expand, or extend a turnpike project in: |
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| 52 | 52 | | (1) a county that is a part of the authority; or |
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| 53 | 53 | | (2) subject to Sections 366.031(e) and 366.0311, a |
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| 54 | 54 | | county in which the authority operates or is constructing a |
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| 55 | 55 | | turnpike project if the turnpike project in the affected county is a |
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| 56 | 56 | | continuation of the authority's turnpike project or system |
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| 57 | 57 | | extending from an adjacent county. |
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| 58 | 58 | | SECTION 4. Section 366.251(c), Transportation Code, is |
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| 59 | 59 | | amended to read as follows: |
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| 60 | 60 | | (c) In addition to directors appointed by a commissioners |
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| 61 | 61 | | court under Subsection (b), the commissioners courts of each county |
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| 62 | 62 | | that created the authority under Section 366.031 [of the authority] |
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| 63 | 63 | | shall appoint one additional director [if the county is: |
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| 64 | 64 | | [(1) a county that created the authority under Section |
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| 65 | 65 | | 366.031; or |
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| 66 | 66 | | [(2) a county in which all or part of a turnpike |
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| 67 | 67 | | project of not less than 10 centerline miles in length is located |
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| 68 | 68 | | and has been open for use by the traveling public for at least three |
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| 69 | 69 | | years]. |
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| 70 | 70 | | SECTION 5. This Act takes effect September 1, 2015. |
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