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.