HBA- MPA S.B. 537 76(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 537
By: Cain
Transportation
4/23/1999
Engrossed



BACKGROUND AND PURPOSE 

Under current law, the Texas Transportation Commission (commission) may
enter into agreements with a county or a municipality to make improvements
to portions of the state highway system. However, there is no statutory
provision which allows the commission to enter into these types of
agreements with regional tollway authorities. S.B.537 grants the commission
the authority to enter into similar agreements with regional tollway
authorities. 

Currently, there is no statutory provision granting the Texas Department of
Transportation (TxDOT) the authority to enter into agreements with regional
tollway authorities to provide services, such as courtesy patrols, on
regional tollway authority projects, even though providing these services
may be more efficient than the regional authorities providing such services
with their own personnel. S.B. 537 allows TxDOT to enter into agreements to
provide such services to regional tollway authorities for fair and
reasonable consideration.  In addition, this bill authorizes certain
regional tollway authorities to alter the prima facie speed limit
authority-maintained turnpikes. 

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 Subchapter C, Chapter 201, Transportation Code, by
adding Section 201.113, as follows: 

Sec. 201.113. AGREEMENTS WITH REGIONAL TOLLWAY AUTHORITIES. Authorizes the
Texas Transportation Commission (commission) to enter into an agreement
with a regional tollway authority governed under Chapter 366 (Regional
Tollway Authorities) for the improvement by the tollway authority of a
portion of the state highway system, notwithstanding Sections 221.003
(Improvement of State Highway System) and 224.031(Duty of Department),
Transportation Code.  Defines "improvement."   

SECTION 2.  Amends Subchapter I, Chapter 201, Transportation Code, by
adding Section 201.707, as follows: 

Sec. 201.707. AGREEMENTS FOR SERVICES ON REGIONAL TOLLWAY AUTHORITY
PROJECTS. Authorizes the the Texas Department of Transportation (TxDOT) to
enter into an agreement with a regional tollway authority governed by
Chapter 366 (Regional Tollway Projects), under which TxDOT, provides
services, including courtesy patrols, on a turnpike project of the tollway
authority for fair and reasonable compensation, notwithstanding Section
201.703(c) (relating to the expenditure of state money for roads not on the
state highway system). 

SECTION 3.  Amends Section 545.354, Transportation Code, by amending the
heading and Subsection (a), as follows: 

Sec. 545.354.  New title: AUTHORITY TO ALTER SPEED LIMITS ON TURNPIKE
PROJECTS.   (a) Defines "authority."  Requires an authority, rather than
the Texas Turnpike Authority, to determine and declare  by order and record
in its minutes a reasonable and safe prima facie speed limit for vehicles
or classes of vehicles  on the turnpike,  if the authority determines from
the results of an engineering and traffic investigation that a prima facie
speed limit described in this subchapter is unreasonable and unsafe on a
part of the turnpike 

SECTION 4.Effective date: September 1, 1999. 

SECTION 5.Emergency clause.