Bill Text: TX HB565 | 2015-2016 | 84th Legislature | Enrolled
Bill Title: Relating to powers of private toll project entities.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Passed) 2015-06-20 - Effective immediately [HB565 Detail]
Download: Texas-2015-HB565-Enrolled.html
| H.B. No. 565 | ||
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| 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 | ||
