1 | 1 | | 85R12128 JTS-F |
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2 | 2 | | By: Simmons H.B. No. 3825 |
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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 application for federal highway and rail funds by a |
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8 | 8 | | regional mobility authority. |
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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. Section 370.033(a), Transportation Code, is |
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11 | 11 | | amended to read as follows: |
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12 | 12 | | (a) An authority, through its board, may: |
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13 | 13 | | (1) adopt rules for the regulation of its affairs and |
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14 | 14 | | the conduct of its business; |
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15 | 15 | | (2) adopt an official seal; |
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16 | 16 | | (3) study, evaluate, design, finance, acquire, |
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17 | 17 | | construct, maintain, repair, and operate transportation projects, |
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18 | 18 | | individually or as one or more systems, provided that a |
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19 | 19 | | transportation project that is subject to Subpart C, 23 C.F.R. Part |
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20 | 20 | | 450, is: |
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21 | 21 | | (A) included in the plan approved by the |
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22 | 22 | | applicable metropolitan planning organization; and |
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23 | 23 | | (B) consistent with the statewide transportation |
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24 | 24 | | plan and the statewide transportation improvement program; |
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25 | 25 | | (4) acquire, hold, and dispose of property in the |
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26 | 26 | | exercise of its powers and the performance of its duties under this |
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27 | 27 | | chapter; |
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28 | 28 | | (5) enter into contracts or operating agreements with |
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29 | 29 | | a similar authority, another governmental entity, or an agency of |
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30 | 30 | | the United States, a state of the United States, the United Mexican |
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31 | 31 | | States, or a state of the United Mexican States; |
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32 | 32 | | (6) enter into contracts or agreements necessary or |
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33 | 33 | | incidental to its powers and duties under this chapter; |
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34 | 34 | | (7) cooperate and work directly with property owners |
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35 | 35 | | and governmental entities and officials to support an activity |
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36 | 36 | | required to promote or develop a transportation project; |
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37 | 37 | | (8) employ and set the compensation and benefits of |
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38 | 38 | | administrators, consulting engineers, attorneys, accountants, |
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39 | 39 | | construction and financial experts, superintendents, managers, |
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40 | 40 | | full-time and part-time employees, agents, consultants, and other |
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41 | 41 | | persons as the authority considers necessary or useful; |
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42 | 42 | | (8-a) participate in the state travel management |
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43 | 43 | | program administered by the comptroller for the purpose of |
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44 | 44 | | obtaining reduced airline fares and reduced travel agent fees, |
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45 | 45 | | provided that the comptroller may charge the authority a fee not to |
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46 | 46 | | exceed the costs incurred by the comptroller in providing services |
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47 | 47 | | to the authority; |
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48 | 48 | | (9) notwithstanding Sections 221.003 and 222.031 and |
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49 | 49 | | subject to Subsection [Subsections (j) and] (m), apply for, |
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50 | 50 | | directly or indirectly receive and spend loans, gifts, grants, and |
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51 | 51 | | other contributions for any purpose of this chapter, including the |
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52 | 52 | | construction of a transportation project, and receive and spend |
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53 | 53 | | contributions of money, property, labor, or other things of value |
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54 | 54 | | from any source, including the United States, a state of the United |
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55 | 55 | | States, the United Mexican States, a state of the United Mexican |
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56 | 56 | | States, the commission, the department, a subdivision of this |
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57 | 57 | | state, or a governmental entity or private entity, to be used for |
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58 | 58 | | the purposes for which the grants, loans, or contributions are |
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59 | 59 | | made, and enter into any agreement necessary for the grants, loans, |
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60 | 60 | | or contributions; |
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61 | 61 | | (10) install, construct, or contract for the |
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62 | 62 | | construction of public utility facilities, direct the time and |
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63 | 63 | | manner of construction of a public utility facility in, on, along, |
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64 | 64 | | over, or under a transportation project, or request the removal or |
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65 | 65 | | relocation of a public utility facility in, on, along, over, or |
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66 | 66 | | under a transportation project; |
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67 | 67 | | (11) organize a corporation under Chapter 431 for the |
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68 | 68 | | promotion and development of transportation projects; |
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69 | 69 | | (12) adopt and enforce rules not inconsistent with |
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70 | 70 | | this chapter for the use of any transportation project, including |
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71 | 71 | | tolls, fares, or other user fees, speed and weight limits, and |
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72 | 72 | | traffic and other public safety rules, provided that an authority |
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73 | 73 | | must consider the same factors that the Texas Turnpike Authority |
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74 | 74 | | division of the department must consider in altering a prima facie |
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75 | 75 | | speed limit under Section 545.354; |
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76 | 76 | | (13) enter into leases, operating agreements, service |
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77 | 77 | | agreements, licenses, franchises, and similar agreements with a |
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78 | 78 | | public or private party governing the party's use of all or any |
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79 | 79 | | portion of a transportation project and the rights and obligations |
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80 | 80 | | of the authority with respect to a transportation project; |
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81 | 81 | | (14) borrow money from or enter into a loan agreement |
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82 | 82 | | or other arrangement with the state infrastructure bank, the |
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83 | 83 | | department, the commission, or any other public or private entity; |
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84 | 84 | | and |
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85 | 85 | | (15) do all things necessary or appropriate to carry |
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86 | 86 | | out the powers and duties expressly granted or imposed by this |
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87 | 87 | | chapter. |
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88 | 88 | | SECTION 2. Section 370.033(j), Transportation Code, is |
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89 | 89 | | repealed. |
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90 | 90 | | SECTION 3. This Act takes effect immediately if it receives |
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91 | 91 | | a vote of two-thirds of all the members elected to each house, as |
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92 | 92 | | provided by Section 39, Article III, Texas Constitution. If this |
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93 | 93 | | Act does not receive the vote necessary for immediate effect, this |
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94 | 94 | | Act takes effect September 1, 2017. |
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