TRANSPORTATION CODE
CHAPTER 227. TRANS-TEXAS CORRIDOR
SUBCHAPTER A. GENERAL PROVISIONS
§ 227.001. DEFINITIONS. In this chapter:
(1) "Bond" has the meaning assigned by Title 9,
Government Code.
(2) "Construction" includes extension, expansion, and
improvement.
(3) "Credit agreement" has the meaning assigned by
Title 9, Government Code.
(4) "Facility" means:
(A) a state highway;
(B) a turnpike;
(C) a freight or passenger railroad, including a
commuter railroad, intercity railroad, and high-speed railroad;
(D) a public utility facility; or
(E) any structure that is reasonably necessary
for the effective operation of a method of transportation,
including an intermodal transfer or staging area, weigh station,
inspection station, rest area, service station, restaurant, train
or bus station, warehouse, freight interchange, switching yard,
maintenance yard, and pipeline pumping station.
(4-a) "Facility" does not include a border inspection
facility that serves a bridge that had more than 900,000 commercial
border crossings during the fiscal year ending August 31, 2002.
(5) "Fee" includes any charge, toll, rent, lease
payment, user fee, franchise fee, percentage fee, license fee,
fare, tariff, or other consideration received in return for the use
of:
(A) property that is part of the Trans-Texas
Corridor;
(B) a facility on the Trans-Texas Corridor; or
(C) a service that is offered in connection with
the Trans-Texas Corridor.
(6) "Operation" includes maintenance and repair.
(7) "Public utility facility" means:
(A) a water, wastewater, natural gas, or
petroleum pipeline or associated equipment;
(B) an electric transmission or distribution
line or associated equipment; or
(C) telecommunications, information services, or
cable television infrastructure or associated equipment, including
fiber optic cable, conduit, and wireless communications equipment.
(8) "Trans-Texas Corridor" means the statewide system
of facilities designated by the commission under this chapter.
(9) "Turnpike" has the meaning assigned to turnpike
project under Section 361.001.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.002. RULES. The commission may adopt rules and
the department may implement procedures and forms as necessary or
convenient to implement and administer this chapter.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.003. APPLICABILITY. (a) All laws governing the
financing, design, construction, maintenance, or operation of a
highway in the state highway system apply to the financing, design,
construction, maintenance, or operation of a highway under this
chapter unless in conflict with this chapter.
(b) All laws governing the financing, design, construction,
maintenance, or operation of a turnpike by the department apply to
the financing, design, construction, maintenance, or operation of a
turnpike under this chapter unless in conflict with this chapter.
(c) This chapter does not apply to real or personal
property, facilities, funding, projects, operations, construction,
or a project plan of a transportation authority created under
Chapter 451, 452, or 460, unless the commission or its designee has
signed a written agreement with the transportation authority
specifying the terms and conditions under which the transportation
authority may participate in the Trans-Texas Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
SUBCHAPTER B. ESTABLISHMENT
§ 227.011. DESIGNATION. The commission shall designate
facilities for the Trans-Texas Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.012. ROUTE SELECTION. The commission shall
consider the following criteria when selecting a route for a
segment of the Trans-Texas Corridor:
(1) current and projected traffic patterns;
(2) the safety of motorists;
(3) potential risks to persons from spills or
accidents of any kind;
(4) environmental effects, including the effect on air
quality;
(5) current and projected economic development;
(6) the current and projected need for additional
transportation options; and
(7) system connectivity.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.013. PUBLIC PARTICIPATION. Before designating a
route for a segment of the Trans-Texas Corridor, the department
shall hold at least one public hearing in each county through which
the segment may pass.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.014. ESTABLISHMENT OF DISCRETE SYSTEMS. (a) If
the commission determines that the mobility needs of this state
would be most efficiently and economically met by jointly operating
two or more facilities as one operational and financial enterprise,
it may create a system composed of those facilities. The commission
may create more than one system and may combine two or more systems
into one system. The commission may finance, construct, and
operate additional facilities as an expansion of a system if the
commission determines that the facilities would most efficiently
and economically be constructed and operated if part of the system
and that the addition will benefit the system. A system may only
include facilities included in a comprehensive transportation
corridor developed under a comprehensive development agreement, or
facilities located wholly or partly within the territory of a
metropolitan planning organization or two adjacent department
districts. This section does not prohibit the department from
creating a system that includes a facility that will extend
continuously through the territory of two or more metropolitan
planning organizations or more than two adjacent department
districts.
(b) The revenue of a system must be accounted for separately
and may not be commingled with the revenue of a facility that is not
a part of the system.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 5.03,
eff. Jan. 11, 2004.
§ 227.015. LOCATION OF FACILITIES. Notwithstanding any
other law, including Chapter 181, Utilities Code, Chapter 402,
Local Government Code, and Section 49.220, Water Code, the
department may:
(1) specify the location of any facility on the
Trans-Texas Corridor;
(2) direct the time and manner of construction of a
public utility facility on the Trans-Texas Corridor; and
(3) direct the time and manner of construction or
operation of any other facility on the Trans-Texas Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
SUBCHAPTER C. DEVELOPMENT AND OPERATION
§ 227.021. AUTHORITY OF DEPARTMENT. (a) The
department may:
(1) construct or operate any facility as part of the
Trans-Texas Corridor; or
(2) authorize a governmental or private entity to
construct or operate a facility that is part of the Trans-Texas
Corridor.
(b) A governmental entity may only construct or operate a
facility that is located in the geographic area within which that
entity is authorized to operate.
(c) Subject to Section 227.029, the department may grant or
deny access to the Trans-Texas Corridor; provided, however, the
department shall grant the owner of a public utility facility that
is located on the Trans-Texas Corridor reasonable access to operate
and maintain the owner's public utility facility. The department
may not discriminate unreasonably among users or potential users of
a facility.
(d) The department may construct or contract for the
construction of public utility facilities. However, the department
may not directly or indirectly provide water, wastewater, natural
gas, petroleum pipeline, electric transmission, electric
distribution, telecommunications, information, or cable television
services.
(e) Nothing in this chapter, or any contractual right
obtained under a contract with the department authorized by this
chapter, supersedes or renders ineffective any provision of another
law applicable to the owner or operator of a public utility
facility, including any provision of the Utilities Code regarding
licensing, certification, and regulatory jurisdiction of the
Public Utility Commission of Texas or Railroad Commission of Texas.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.022. PARTICIPATION BY OTHER ENTITIES. (a) A
toll or non-toll highway on the Trans-Texas Corridor that is
constructed or operated by another entity shall be part of the state
highway system. This subsection applies even if the entity
constructing or operating the highway is not independently
authorized to construct or operate a highway that is part of the
state highway system.
(b) If the department authorizes another governmental
entity to construct or operate a facility on the Trans-Texas
Corridor, that entity has each power of the department under this
chapter with respect to that facility, including the right to
collect fees, except that:
(1) any property acquired by the entity shall be held
in the name of the state; and
(2) the entity may not file a declaration of taking and
obtain early possession of real property, unless the entity is a
regional mobility authority under Chapter 370.
(c) If the department authorizes another governmental
entity to construct or operate a facility on the Trans-Texas
Corridor, that entity is liable for a claim relating to the
Trans-Texas Corridor only to the extent that the department would
be liable if it were constructing or operating the facility.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.023. PARTICIPATION BY PRIVATE ENTITIES. (a) To
the maximum extent practical and economical, the department shall
encourage the participation of private entities in the planning,
design, construction, and operation of facilities.
(b) The department shall contract with a private entity to
operate a railroad using rail facilities owned by the department
and may not use department employees to operate a railroad. The
department may maintain a rail facility directly or through a
private entity.
(c) To the extent and in the manner that the department may
enter into comprehensive development agreements under Chapter 361
with regard to turnpikes, the department may enter into a
comprehensive development agreement under this chapter that
provides for the financing, development, design, construction, or
operation of a facility or a combination of facilities on the
Trans-Texas Corridor. All provisions of Chapter 361 relating to
comprehensive development agreements for turnpikes apply to
comprehensive development agreements for facilities under this
chapter, including provisions relating to the confidentiality of
information. Claims arising under a comprehensive development
agreement are subject to Section 201.112.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, § 5.04,
eff. Jan. 11, 2004.
§ 227.024. HIGHWAYS. A highway, including a turnpike,
on the Trans-Texas Corridor is a part of the state highway system.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.025. VEHICLE SIZE AND WEIGHT LIMITS. (a) The
commission may authorize the operation of a vehicle that exceeds
the height, length, or gross weight limitations of Subchapter C,
Chapter 621, on a segment of a highway on the Trans-Texas Corridor
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.
(b) This section does not authorize the operation of a
vehicle that exceeds a maximum axle weight authorized by Chapter
621, 622, or 623.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.026. ACQUISITION OF PERSONAL PROPERTY. (a) The
department may acquire personal property, except rolling stock,
under a conditional sales contract, lease, equipment trust
certificate, or other form of contract or trust agreement for use in
connection with a facility.
(b) The department may enter into an agreement with a rail
operator, transportation common carrier, transportation system, or
any other entity for the common use of any facility.
(c) The department may enter into agreements with a public
or private utility, the owner or operator of a communications
system, utility common carrier, or transportation system, or
another entity for the common use of a public utility facility in
the Trans-Texas Corridor if the department has adopted rules
requiring each common user to avoid damaging any equipment that the
common user does not own or operate.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.027. ENVIRONMENTAL REVIEW. (a) The department
shall conduct or approve each environmental evaluation or study
required for an activity associated with the Trans-Texas Corridor.
This subsection does not prohibit an owner of a public utility
facility or a proposed public utility facility from conducting any
necessary environmental evaluation for the public utility
facility. The department is entitled to review and give final
approval regarding the sufficiency of any environmental evaluation
conducted for a facility within the Trans-Texas Corridor.
(b) The commission may allocate responsibilities for
conducting environmental evaluations or studies or preparing
environmental documentation among entities involved in the
construction or operation of any facility of the Trans-Texas
Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.028. ENVIRONMENTAL MITIGATION. (a) The
department may acquire, maintain, hold, restore, enhance, develop,
or redevelop property for the purpose of mitigating a past,
present, or future adverse environmental effect arising from the
construction or operation of any part of the Trans-Texas Corridor
without regard to whether the need for mitigation is established
for a particular project.
(b) The department may contract with a governmental or
private entity to maintain, control, hold, restore, enhance,
develop, or redevelop property for the mitigation of a past,
present, or future adverse environmental effect arising from the
construction or operation of any part of the Trans-Texas Corridor
without regard to whether the need for mitigation has already been
established for a particular project.
(c) If authorized by the applicable regulatory authority,
the department may pay a sum of money to an appropriate governmental
or private entity instead of acquiring or managing property for the
mitigation of a past, present, or future adverse environmental
effect arising from construction or operation of any part of the
Trans-Texas Corridor without regard to whether the need for
mitigation has already been established for a particular project.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.029. RELOCATION OF EXISTING FACILITIES. (a) The
department may construct a grade separation at an intersection of a
Trans-Texas Corridor facility with another facility and may change
the line or grade of a facility to accommodate the facility to the
design of a grade separation. The department shall pay the cost of
a grade separation and any damage incurred in changing a line or
grade of a facility.
(b) If the department finds it necessary to change the
location of a portion of a facility, it shall reconstruct the
facility at the location the department determines to be most
favorable. The reconstructed facility must be of substantially the
same type and in as good condition as the original facility. The
department shall determine and pay the cost of the reconstruction
and any damage incurred in changing the location of a facility.
(c) Except as provided in Subsections (d)-(l), this section
does not apply to the conversion of any highway that is a part of the
state highway system to a highway of the Trans-Texas Corridor.
(d) Notwithstanding Subsections (a) and (b), this
subsection and Subsections (e)-(i) govern the relocation of a
public utility facility. If the department determines that a
public utility facility must be relocated, including a relocation
caused by the conversion of any road that is part of the state
highway system to a highway on the Trans-Texas Corridor, the
utility and the department shall negotiate in good faith to
establish reasonable terms and conditions concerning the
responsibilities of the parties with regard to sharing of
information about the project and the planning and implementation
of any necessary relocation of the public utility facility.
(e) The department shall use its best efforts to provide an
affected utility with plans and drawings of the project that are
sufficient to enable the utility to develop plans for, and
determine the cost of, the necessary relocation of the public
utility facilities. If the department and the affected utility
enter into an agreement after negotiations under Subsection (d),
the terms and conditions of the agreement govern the relocation of
each public utility facility covered by the agreement.
(f) If the department and an affected utility do not enter
into an agreement under Subsection (d), the department shall
provide to the affected utility:
(1) written notice of the department's determination
that the public utility facility must be removed;
(2) a final plan for relocation of the public utility
facility; and
(3) reasonable terms and conditions for an agreement
with the utility for the relocation of the public utility facility.
(g) Not later than the 90th day after the date a utility
receives the notice from the department, including the plan and
agreement terms and conditions under Subsection (f), the utility
shall enter into an agreement with the department that provides for
the relocation.
(h) If the utility fails to enter into an agreement within
the 90-day period under Subsection (g), the department may relocate
the public utility facility at the sole cost and expense of the
utility less any reimbursement of costs that would have been
payable to the utility under applicable law. A relocation by the
department under this subsection shall be conducted in full
compliance with applicable law, using standard equipment and
construction practices compatible with the utility's existing
facilities, and in a manner that minimizes disruption of utility
service.
(i) The 90-day period under Subsection (g) may be extended:
(1) by mutual agreement between the department and the
utility; or
(2) for any period during which the utility is
negotiating in good faith with the department to relocate its
facility.
(j) Notwithstanding Subsections (d)-(i), an owner of a
public utility facility is not obligated to relocate its public
utility facility on the Trans-Texas Corridor if it determines that
another location is feasible.
(k) If a public utility facility is relocated on the
Trans-Texas Corridor, the department shall grant the owner
reasonable entry and access to operate and maintain that owner's
public utility facility.
(l) Subject to Subsections (a)-(k), the department, as part
of the cost of the project, shall pay the cost of the relocation,
removal, or grade separation of a public utility facility under
Subsections (d)-(i).
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.030. UNAUTHORIZED USE. The department may remove
unauthorized personal property, including a vehicle, from the
Trans-Texas Corridor without notice and at the owner's expense.
Removed property may be stored until claimed by the owner. If a
removed motor vehicle is not claimed by the owner within 72 hours
after the date and time of removal, it shall be considered abandoned
within the meaning of Chapter 683. The department and its employees
are not liable for damage to property that is removed from the
Trans-Texas Corridor under this section. Any removal or relocation
of a public utility facility is governed by Sections 227.029(d)-(i)
and is not governed by this section.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.031. EXCLUSIVE LANES. The department may
dedicate one or more lanes of a highway on the Trans-Texas Corridor
to the exclusive use of designated classes of vehicles.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
SUBCHAPTER D. RIGHT-OF-WAY ACQUISITION
§ 227.041. POWERS AND PROCEDURES. (a) Except as
otherwise provided by this subchapter, the commission has the same
powers and duties relating to the condemnation and acquisition of
real property for a facility of the Trans-Texas Corridor that the
commission and the department have relating to the condemnation or
purchase of real property under Subchapter D, Chapter 361, and
Section 361.233 for a turnpike project. The commission may
purchase an option to purchase property, other than real property,
a property right, or a right-of-way used for a public utility
facility, that the commission is considering for possible use as
part of the Trans-Texas Corridor even if it has not been finally
decided that the Trans-Texas Corridor will be located on that
property. An option to purchase may be purchased along alternative
potential routes for the Trans-Texas Corridor even if only one of
those potential routes will be selected as the final route.
(b) An interest in real property or a property right is
necessary or convenient for the construction or operation of a
facility if it is located in or contiguous to an existing or planned
segment of the Trans-Texas Corridor and if its acquisition will
further the primary purposes of the Trans-Texas Corridor. Primary
purposes include:
(1) providing right-of-way or a location for a
facility;
(2) providing land for mitigation of adverse
environmental effects;
(3) providing buffer zones for scenic or safety
purposes;
(4) allowing for possible future expansion of any
facility; and
(5) generating revenue, directly or indirectly, for
use in constructing or operating the Trans-Texas Corridor from or
for ancillary facilities that directly benefit users of the
Trans-Texas Corridor.
(c) Unless in conflict with this chapter, all laws governing
the acquisition of right-of-way for a state highway apply to the
acquisition of right-of-way for the Trans-Texas Corridor. Sections
203.056, 203.057, and 203.058 apply to an acquisition by the
department from a state agency. Compensation to a state agency
under those sections shall be reasonable and may take the form of a
single payment, a participation payment under Section 227.042, or
both a single payment and a participation payment.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.042. CORRIDOR PARTICIPATION PAYMENT FOR REAL
PROPERTY. (a) As an alternative to paying for an interest in real
property or a real property right with a single fixed payment, the
department may, with the owner's consent, pay the owner by means of
a corridor participation payment.
(b) A right to receive a corridor participation payment
under this section is subordinate to any right to receive a fee as
payment on the principal of or interest on a bond that is issued for
the construction of the applicable segment of the Trans-Texas
Corridor.
(c) In this section, "corridor participation payment" means
an intangible legal right to receive a percentage of one or more
identified fees related to a segment of the Trans-Texas Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.043. PURCHASE AND LEASEBACK. The department may
acquire real property for the Trans-Texas Corridor and immediately
lease it back to the former owner for a fixed or indefinite term.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.044. RIGHT OF ENTRY TO PROPERTY WITH PUBLIC
UTILITY FACILITY. To ensure the safety and convenience of the
public, the department shall, when entering any real property,
water, or premises on which is located a public utility facility:
(1) comply with applicable industry standard safety
codes and practices; and
(2) give the owner or operator of the facility not less
than 10 days' notice before entering the real property, water, or
premises.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.045. OTHER GOVERNMENTAL ENTITIES. If the
department authorizes another governmental entity to construct or
operate a segment of or a facility on the Trans-Texas Corridor, that
entity has all the powers and duties of the department under this
subchapter, except that the entity:
(1) may only construct or operate a facility that is
located in the geographic area within which that entity is
authorized to operate; and
(2) may not file a declaration of taking and obtain
early possession of real property.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.046. COST OF RELOCATING PUBLIC UTILITY
FACILITY. (a) An owner of a public utility facility holding a
certificate of convenience and necessity, certificate of
authority, or service provider certificate of authority shall
recover from the department its reasonable costs to relocate a
public utility facility to accommodate the development or
construction of the Trans-Texas Corridor.
(b) An owner of a public utility facility is not obligated
to relocate the utility facility on the Trans-Texas Corridor if the
owner determines that another location is feasible.
(c) If a public utility facility is located on the
Trans-Texas Corridor, the department shall grant the owner
reasonable access to operate and maintain the utility facility in
accordance with industry standard safety codes and practices.
(d) Relocation of facilities pursuant to this section is
subject to the department's reasonable regulations pertaining to
public health, safety, and welfare.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
SUBCHAPTER E. FINANCING
§ 227.061. PERMISSIBLE SOURCES OF FUNDING. Subject to
Section 227.062, the department may use any available source of
funding in acquiring property for, constructing, and operating the
Trans-Texas Corridor, including:
(1) an appropriation from the state highway fund for
construction or maintenance of highways;
(2) a fee;
(3) proceeds from a bond secured by fees;
(4) proceeds from an obligation secured by the Texas
Mobility Fund;
(5) a donation, in kind or in cash;
(6) a private investment;
(7) money transferred from the state infrastructure
bank;
(8) a contribution from or contractual obligation of a
governmental entity; and
(9) a loan, grant, or reimbursement from the federal
government, subject to Section 227.062.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.062. LIMITATIONS ON DEPARTMENT FINANCIAL
PARTICIPATION. (a) Each fiscal year, the total amount disbursed
by the department out of the state highway fund for the following
activities on the Trans-Texas Corridor may not exceed 20 percent of
the obligation authority under the federal-aid highway program that
is distributed to this state in that year:
(1) acquisition of right of way;
(2) initial construction of toll and nontoll highways;
and
(3) grading and bed preparation for non-highway
facilities.
(b) The limitation under Subsection (a) does not apply to:
(1) money spent for:
(A) feasibility studies, environmental studies,
and preliminary engineering conducted before the initial
construction of a facility; or
(B) operation and maintenance of a facility;
(2) the proceeds of bonds or other public securities
issued to pay the cost of a facility if those proceeds are deposited
to the credit of the state highway fund;
(3) revenue attributable to a facility if that revenue
is deposited to the credit of the state highway fund;
(4) loans deposited to the credit of the state highway
fund; or
(5) contributions from a public or private entity that
are deposited to the credit of the state highway fund.
(c) Each fiscal year, the total amount disbursed by the
department out of state and federal funds shall not exceed $25
million for the construction or purchase of non-highway facilities
on the Trans-Texas Corridor. This subsection does not apply to
funds derived from the issuance of bonds, private investment,
donations, the Federal Transit Administration, or the Federal
Railroad Administration. This subsection also does not apply to:
(1) activities that are subject to the limitation in
Subsection (a); and
(2) activities described in Subsection (b)(1).
(d) The commission may not disburse money out of the state
highway fund for the initial construction of a facility of the
Trans-Texas Corridor unless the commission finds that the
disbursement will reduce traffic congestion to an extent that is
comparable to the reduction in traffic congestion that would likely
be achieved by spending the same amount of money on the project that
is the most reasonable alternative. This subsection does not apply
to the disbursement of money out of the state highway fund for
environmental studies or for the acquisition of right-of-way.
(e) The commission may not disburse money from the state
highway fund or the Texas mobility fund to construct a portion of
the Trans-Texas Corridor unless it would replace or supplement a
project identified in the department's unified transportation
program or a transportation corridor identified in the statewide
transportation plan.
(f) The commission may not authorize the construction of
rail facilities unless it finds that the construction will reduce
congestion and improve mobility.
(g) The commission may not disburse money from the state
highway fund that is dedicated under Sections 7-a and 7-b, Article
VIII, Texas Constitution, for activities on the Trans-Texas
Corridor if as a result, the amount expended each year from those
funds on the addition of capacity to the state highway system would
be less than the average annual expenditure from those funds for the
addition of capacity to the state highway system over the previous
five years. This subsection does not apply to past expenditures for
activities on the Trans-Texas Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.063. FINANCING OF FACILITIES AND
SYSTEMS. (a) The commission and the department have the same
powers and duties relating to the financing of a facility or a
system established under Section 227.014 as the commission and the
department have under Subchapter E, Chapter 361, relating to the
financing of a turnpike project, including the ability to deposit
the proceeds of bonds or other obligations and to pledge, encumber,
and expend such proceeds and revenues as provided by Chapter 361.
(b) The powers held by the commission and the department
include the powers to:
(1) authorize the issuance of bonds to pay all or part
of the cost of a facility or system or to pay for all or part of the
cost of a facility or system that will become a part of another
system;
(2) maintain separate accounts for bond proceeds and
the revenues of a facility or system, and pledge those revenues and
proceeds to the payment of bonds or other obligations issued or
entered into with respect to the facility or system;
(3) impose a toll or other fee for the use of a
facility or system; and
(4) obtain from another source the fees and other
revenue necessary to pay all or part of the principal and interest
on bonds issued under this chapter.
(c) For purposes of this section, a reference in Subchapter
E, Chapter 361 to:
(1) a turnpike project means a facility or system; and
(2) revenue includes a fee established under this
chapter.
(d) The proceeds of bonds issued under this chapter may be
held in trust by a banking institution chosen by the department or,
at the discretion of the department, in trust in the state treasury
outside the general revenue fund and the state highway fund.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.064. LOANS AND OTHER FUNDING. The department may
borrow money from the United States or use money in the state
infrastructure bank created under Subchapter D, Chapter 222, to
fund the construction or operation of a facility under this
chapter. Money borrowed under this section may be evidenced by the
issuance of bonds.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
SUBCHAPTER F. REVENUE
§ 227.081. FEES. (a) Notwithstanding any other law,
including Chapters 161, 162, 163, and 181, Utilities Code, Chapter
402, Local Government Code, and Chapter 49, Water Code, and except
as provided in Subsection (e), the department may require a person,
including a governmental or private entity, to pay a fee as a
condition of using any part of the Trans-Texas Corridor.
(b) The commission may establish fees to be imposed by the
department under this chapter. Fees may be set as absolute amounts,
as a percentage of revenue, as a percentage of actual use or
throughput, as a designated portion or percentage of initial
facility funding, or on any other reasonable basis. Subject to
approval by a body having jurisdiction and authority to establish a
tariff, the commission may establish joint fees and divisions of
fees.
(c) A fee may exceed the department's costs, but the
commission may not establish a fee that is prohibitive or that
discriminates unreasonably among users or potential users of a
facility.
(d) In establishing a fee or the amount of a fee under this
section, the commission shall consider:
(1) the acquisition cost of the property being used;
(2) if applicable, the value of the property being
transported or of the service being offered;
(3) any cost to the department or to the public
occasioned by the use, including environmental effects;
(4) comparable fees set by the competitive
marketplace; and
(5) the desirable effects of full use of the
Trans-Texas Corridor on the state's economy and its residents.
(e) If a public road is replaced or eliminated by the
Trans-Texas Corridor and a facility used the right-of-way of that
road under Chapter 161, 162, 163, or 181, Utilities Code, Chapter
402, Local Government Code, or Chapter 49, Water Code, the
department may not require the owner of that facility to pay a fee
as a condition of using a segment of the Trans-Texas Corridor for
the location of a replacement facility.
(f) The department may not require the owner of a public
utility facility to pay a fee as a condition of crossing the
Trans-Texas Corridor. The department may not require the owner of a
public utility facility to pay a fee for placing a facility along or
within the Trans-Texas Corridor specifically to provide service to
customers within the Trans-Texas Corridor pursuant to an obligation
as a provider of last resort. The department may not require
payment of a fee for use of the Trans-Texas Corridor by a public
utility facility in existence before the establishment of the
Trans-Texas Corridor or for use by a facility that replaces a
facility in existence before the establishment of the Trans-Texas
Corridor unless the owner of the existing public utility facility
relocates the public utility facility into the Trans-Texas Corridor
of its own volition. For use of the Trans-Texas Corridor by a
public utility facility whose owner places the facility in the
Trans-Texas Corridor of its own volition, the department may charge
the owner a fee as negotiated between the department and the owner.
The fee shall be competitively neutral and nondiscriminatory among
similarly situated owners of public utility facilities.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.082. LEASE OF PROPERTY OR RIGHTS. (a) The
department may lease property on the Trans-Texas Corridor to any
public or private entity. A lease may be for a term not longer than
50 years.
(b) The department may grant a franchise to use or operate a
facility on the Trans-Texas Corridor. A franchise under this
section may be granted for a term not longer than 50 years.
(c) The department may grant an exclusive or nonexclusive
license to access or use any portion of the Trans-Texas Corridor for
any purpose. A license granted under this section may be for a
definite or indefinite term. The department may not grant an
exclusive license to access or use a highway on the Trans-Texas
Corridor. The department may not grant an exclusive license for use
of the Trans-Texas Corridor by an owner of a public utility facility
if the exclusive use is prohibited by other law.
(d) Property may be leased or a franchise or license granted
for any purpose, including use as a facility and use for unrelated
commercial, industrial, or agricultural purposes.
(e) In return for a lease, franchise, or license, the
department may accept anything of value as consideration,
including:
(1) a cash payment;
(2) installment payments;
(3) one or more payments based on percentages of use or
throughput; and
(4) an interest in real or personal property, or an
intangible legal right.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
§ 227.083. DISPOSITION OF FEES. To the extent that it
is not dedicated to another purpose by the constitution, by
statute, or by contract, or deposited to a separate account under
this chapter, revenue received by the department under this chapter
shall be deposited to the credit of the state highway fund and may
be used for any purpose authorized by this chapter. Subchapter D,
Chapter 316, Government Code, and Section 403.095, Government Code,
do not apply to revenue received under this chapter.
Added by Acts 2003, 78th Leg., ch. 1325, § 1.01, eff. June 21,
2003.
