HBA-MPA C.S.S.B. 1872 76(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.S.B. 1872
By: Lindsay
Transportation
5/19/1999
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Currently, a political entity is authorized to sell a toll road.   C.S.S.B.
1872 establishes conditions regarding the sale of certain toll roads by
certain political subdivisions. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 284.008(a), Transportation Code, to authorize
the Texas Transportation Commission (commission) to operate any part of a
project under this chapter (Causeways, Bridges, Tunnels, Turnpikes, and
Highways in Certain Counties) as part of the state highway system or
authorize the lease, sale, or conveyance of any part of a project to the
Texas Turnpike Authority division of the Texas Department of Transportation
(TTA). 

SECTION 2.  Amends Subchapter A, Chapter 284, Transportation Code, by
adding Section 284.009, as follows: 

Sec. 284.009.  SALE OF CERTAIN TOLL ROADS PROHIBITED.  Provides that this
section applies only to a county with a population of 2.8 million or more.
Prohibits a county from selling or otherwise transferring a toll road
project to any other public or private entity without the written consent
of the commission if the project was built using right-of-way any part of
which was acquired by or for the state.  Provides that this section expires
January 1, 2002.  

SECTION 2.  Amends Subchapter B, Chapter 365, Transportation Code, by
adding Section 365.016, as follows: 

Sec. 365.016.  SALE OF CERTAIN TOLL ROADS PROHIBITED.  Provides that this
section applies only to a district created under Chapter 441 (Road Utility
Districts) or Subchapter B (Road District Within County), Chapter 257,
Transportation Code (district) any portion of which is located in a county
with a population of 2.8 million or more. Prohibits the district from
selling or otherwise transferring a toll road project to any other public
or private entity without the written consent of the commission if the
project was built using right-of-way any part of which was acquired by or
for the state.  Provides that this section expires January 1, 2002.  

SECTION 4.  Amends the heading of Subchapter H, Chapter 361, Transportation
Code, as follows: 

SUBCHAPTER H.  New Title: TRANSFER OR ACQUISITION OF TURNPIKE PROJECT

SECTION 5.  Amends Section 361.282(b), Transportation Code, to make a
conforming change. 

SECTION 6.  Amends Subchapter H, Chapter 361, Transportation Code, by
adding Section 361.284, as follows: 
 
Sec. 361.284.  ACQUISITION OF TURNPIKE PROJECT.  Authorizes TTA, with the
approval of the commission, to purchase or otherwise acquire a turnpike
project from a county, municipality, regional tollway authority, or local
government corporation created under Chapter 431 (Texas Transportation
Corporation Act). Authorizes the cost of the acquisition to be financed in
the manner a turnpike project of TTA is financed under Subchapter E
(Financing of Turnpike Projects). 

SECTION 7.  Emergency clause.
            Effective date: upon passage.

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.S.B. 1872 differs from the original bill by adding a new SECTION 1
(Section 284.008(a), Transportation Code), to authorize the Texas
Transportation Commission (commission) to operate any part of a project
under this chapter as part of the state highway system or authorize the
lease, sale, or conveyance of any part of a project to the Texas Turnpike
Authority division of the Texas Department of Transportation (TTA). 

C.S.S.B. 1872 differs from the original bill by redesignating SECTION 1 and
2 (proposed Sections 284.009 and 365.016, Transportation Code,
respectively) from the original bill as SECTIONS 2 and 3.  The substitute
requires written consent from the commission, rather than express written
consent of and consultation with the Texas Department of Transportation, as
in the original bill, to sell or otherwise transfer a toll road project to
any other public or private entity.  The substitute also specifies that
this requirement applies if any portion of the right-of-way used for such a
project was acquired by or for the state. 

C.S.S.B. 1872 differs from the original bill by adding SECTION 4, amending
the heading to Subchapter H, Chapter 361, Transportation Code, which was
not addressed in the original bill, by adding "or Acquisition" to "Transfer
of Turnpike Projects" and deleting "to County, Municipality, Regional
Tollway Authority, or Local Government Corporation" from the existing
heading. 

C.S.S.B. 1872 differs from the original bill by adding SECTION 5 (Section
361.282(b), Transportation Code), which was not addressed in the original
bill, to make a conforming change. 

C.S.S.B. 1872 differs from the original bill by adding SECTION 6 (proposed
Section 361.284, Transportation Code), as follows: 

Sec. 361.284.  ACQUISITION OF TURNPIKE PROJECT.  Authorizes TTA, with the
approval of the commission, to purchase or otherwise acquire a turnpike
project from a county, municipality, regional tollway authority, or local
government corporation created under Chapter 431. Authorizes the cost of
the acquisition to be financed in the manner a turnpike project of TTA is
financed under Subchapter E. 

The substitute redesignates SECTION 3 (emergency clause), from the original
bill, as SECTION 7.