Bill Text: TX HB1201 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to repeal of authority for the establishment and operation of the Trans-Texas Corridor.
Spectrum: Strong Partisan Bill (Republican 34-2)
Status: (Passed) 2011-06-17 - Effective immediately [HB1201 Detail]
Download: Texas-2011-HB1201-Enrolled.html
H.B. No. 1201 |
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relating to repeal of authority for the establishment and operation | ||
of the Trans-Texas Corridor. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 11.11(j), Tax Code, is amended to read as | ||
follows: | ||
(j) For purposes of this section, any portion of a facility | ||
owned by the Texas Department of Transportation that is [ |
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highway in the state highway system, and that is licensed or leased | ||
to a private entity by that department under Chapter 91 or[ |
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purpose if the rail facility or system, highway, or facility is | ||
operated by the private entity to provide transportation or utility | ||
services. Any part of a facility, rail facility or system, or state | ||
highway that is licensed or leased to a private entity for a | ||
commercial purpose is not exempt from taxation. | ||
SECTION 2. Section 25.06(c), Tax Code, is amended to read as | ||
follows: | ||
(c) This section does not apply to: | ||
(1) any portion of a facility owned by the Texas | ||
Department of Transportation that is [ |
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state highway system and that is licensed or leased to a private | ||
entity by that department under Chapter 91 or 223 [ |
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Transportation Code; or | ||
(2) a leasehold or other possessory interest granted | ||
by the Texas Department of Transportation in a facility owned by | ||
that department that is [ |
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rail facility or system[ |
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system. | ||
SECTION 3. Section 25.07(c), Tax Code, is amended to read as | ||
follows: | ||
(c) Subsection (a) does not apply to: | ||
(1) any portion of a facility owned by the Texas | ||
Department of Transportation that is [ |
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state highway system and that is licensed or leased to a private | ||
entity by that department under Chapter 91 or 223 [ |
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Transportation Code; or | ||
(2) a leasehold or other possessory interest granted | ||
by the Texas Department of Transportation in a facility owned by | ||
that department that is [ |
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rail facility or system[ |
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system. | ||
SECTION 4. Sections 201.616(a) and (b), Transportation | ||
Code, are amended to read as follows: | ||
(a) Not later than December 1 of each year, the department | ||
shall submit a report to the legislature that details: | ||
(1) the expenditures made by the department in the | ||
preceding state fiscal year in connection with: | ||
(A) the unified transportation program of the | ||
department; | ||
(B) turnpike projects and toll roads of the | ||
department; and | ||
(C) [ |
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(2) the amount of bonds or other public securities | ||
issued for transportation projects; and | ||
(3) the direction of money by the department to a | ||
regional mobility authority in this state. | ||
(b) The report must break down information under Subsection | ||
(a)(1)(A) by program category and department district. The report | ||
must break down information under Subsections (a)(1)(B) and[ |
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(C)[ |
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The report must break down information under Subsection (a)(2) by | ||
department district and type of project. | ||
SECTION 5. Section 202.112(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) The commission may purchase an option to acquire | ||
property for possible use in or in connection with a transportation | ||
facility[ |
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before a final decision has been made as to whether the | ||
transportation facility will be located on that property. | ||
SECTION 6. Section 222.003(e), Transportation Code, is | ||
amended to read as follows: | ||
(e) The proceeds of bonds and other public securities issued | ||
under this section may not be used for any purpose other than any | ||
costs related to the bonds and other public securities and the | ||
purposes for which revenues are dedicated under Section 7-a, | ||
Article VIII, Texas Constitution. [ |
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SECTION 7. Section 223.201(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Subject to Section 223.202, the department may enter | ||
into a comprehensive development agreement with a private entity to | ||
design, develop, finance, construct, maintain, repair, operate, | ||
extend, or expand a: | ||
(1) toll project; | ||
(2) [ |
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[ |
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both tolled and nontolled lanes and may include nontolled | ||
appurtenant facilities; | ||
(3) [ |
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the private entity has an interest in the project; or | ||
(4) [ |
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wholly or partly with the proceeds of private activity bonds, as | ||
defined by Section 141(a), Internal Revenue Code of 1986. | ||
SECTION 8. Section 223.206(d), Transportation Code, is | ||
amended to read as follows: | ||
(d) The department may not enter into a comprehensive | ||
development agreement with a private entity under this subchapter | ||
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use of rights-of-way or related property by the private entity for | ||
the purpose of constructing, operating, or maintaining an ancillary | ||
facility that is used for commercial purposes. | ||
SECTION 9. Sections 223.208(b), (c), (e), and (f), | ||
Transportation Code, are amended to read as follows: | ||
(b) A comprehensive development agreement entered into | ||
under this subchapter [ |
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provision that the department considers appropriate, including | ||
provisions: | ||
(1) providing for the purchase by the department, | ||
under terms and conditions agreed to by the parties, of the interest | ||
of a private participant in the comprehensive development agreement | ||
and related property, including any interest in a highway or other | ||
facility designed, developed, financed, constructed, operated, or | ||
maintained under the comprehensive development agreement; | ||
(2) establishing the purchase price for the interest | ||
of a private participant in the comprehensive development agreement | ||
and related property, which price may be determined in accordance | ||
with the methodology established by the parties in the | ||
comprehensive development agreement; | ||
(3) providing for the payment of obligations incurred | ||
pursuant to the comprehensive development agreement, including any | ||
obligation to pay the purchase price for the interest of a private | ||
participant in the comprehensive development agreement, from any | ||
lawfully available source, including securing such obligations by a | ||
pledge of revenues of the commission or the department derived from | ||
the applicable project, which pledge shall have such priority as | ||
the department may establish; | ||
(4) permitting the private participant to pledge its | ||
rights under the comprehensive development agreement; | ||
(5) concerning the private participant's right to | ||
operate and collect revenue from the project; and | ||
(6) restricting the right of the commission or the | ||
department to terminate the private participant's right to operate | ||
and collect revenue from the project unless and until any | ||
applicable termination payments have been made. | ||
(c) The department may enter into a comprehensive | ||
development agreement under this subchapter [ |
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identified in the department's unified transportation program or is | ||
located on a transportation corridor identified in the statewide | ||
transportation plan. | ||
(e) Notwithstanding anything in Section 201.112 or other | ||
law to the contrary, and subject to compliance with the dispute | ||
resolution procedures set out in the comprehensive development | ||
agreement, an obligation of the commission or the department under | ||
a comprehensive development agreement entered into under this | ||
subchapter [ |
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person because of the termination of the agreement, including the | ||
purchase of the interest of a private participant or other investor | ||
in a project, may be enforced by mandamus against the commission, | ||
the department, and the comptroller in a district court of Travis | ||
County, and the sovereign immunity of the state is waived for that | ||
purpose. The district courts of Travis County shall have exclusive | ||
jurisdiction and venue over and to determine and adjudicate all | ||
issues necessary to adjudicate any action brought under this | ||
subsection. The remedy provided by this subsection is in addition | ||
to any legal and equitable remedies that may be available to a party | ||
to a comprehensive development agreement. | ||
(f) A comprehensive development agreement entered into | ||
under this subchapter [ |
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incurred, issued, or owed under the agreement does not constitute a | ||
state security under Chapter 1231, Government Code. | ||
SECTION 10. Section 224.1541, Transportation Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) The commission may authorize the operation of a vehicle | ||
that exceeds the weight limitations of Subchapter B, Chapter 621, | ||
or the size limitations of Subchapter C, Chapter 621, on a lane | ||
designated as an exclusive lane under this section if supported by | ||
an engineering and traffic study that includes an analysis of the | ||
structural capacity of bridges and pavements, current and projected | ||
traffic patterns and volume, and potential effects on public | ||
safety. This subsection does not authorize the operation of a | ||
vehicle that exceeds a maximum axle weight authorized by Chapter | ||
621, 622, or 623. This subsection does not apply to a roadway that | ||
is a part of the national system of interstate and defense highways. | ||
SECTION 11. Section 545.353, Transportation Code, is | ||
amended by adding Subsection (h-2) to read as follows: | ||
(h-2) Notwithstanding Section 545.352(b), as amended by | ||
Chapters 663 (H.B. 385) and 739 (H.B. 1075), Acts of the 76th | ||
Legislature, Regular Session, 1999, the commission may establish a | ||
speed limit not to exceed 85 miles per hour on a part of the state | ||
highway system if: | ||
(1) that part of the highway system is designed to | ||
accommodate travel at that established speed or a higher speed; and | ||
(2) the commission determines, after an engineering | ||
and traffic investigation, that the established speed limit is | ||
reasonable and safe for that part of the highway system. | ||
SECTION 12. Section 371.001(2), Transportation Code, is | ||
amended to read as follows: | ||
(2) "Toll project entity" means an entity authorized | ||
by law to acquire, design, construct, operate, and maintain a toll | ||
project, including: | ||
(A) the department[ |
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(B) a regional tollway authority under Chapter | ||
366; | ||
(C) a regional mobility authority under Chapter | ||
370; or | ||
(D) a county under Chapter 284. | ||
SECTION 13. Section 372.001(2), Transportation Code, is | ||
amended to read as follows: | ||
(2) "Toll project entity" means an entity authorized | ||
by law to acquire, design, construct, finance, operate, and | ||
maintain a toll project, including: | ||
(A) the department under Chapter [ |
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(B) a regional tollway authority under Chapter | ||
366; | ||
(C) a regional mobility authority under Chapter | ||
370; or | ||
(D) a county under Chapter 284. | ||
SECTION 14. The following provisions of the Transportation | ||
Code are repealed: | ||
(1) Section 201.618(e); | ||
(2) Chapter 227; | ||
(3) Section 284.0032; | ||
(4) Section 366.305; | ||
(5) Section 370.316; and | ||
(6) Section 545.3531. | ||
SECTION 15. 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, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I certify that H.B. No. 1201 was passed by the House on April | ||
7, 2011, by the following vote: Yeas 141, Nays 0, 1 present, not | ||
voting; and that the House concurred in Senate amendments to H.B. | ||
No. 1201 on May 23, 2011, by the following vote: Yeas 143, Nays 0, | ||
1 present, not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
I certify that H.B. No. 1201 was passed by the Senate, with | ||
amendments, on May 21, 2011, by the following vote: Yeas 31, Nays | ||
0 | ||
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______________________________ | ||
Secretary of the Senate | ||
APPROVED: __________________ | ||
Date | ||
__________________ | ||
Governor |