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We want to thank each and every member for the good work in Austin that you delivered on…unfortunately, we did not achieve our goal regarding Transportation funding but we must not stop now. Thanks for your efforts, Dan S Petty |
The House meltdown to avoid the Voter ID bill coming up on the calendar killed or jeopardized many, many important bills including SB 16 (the omnibus clean air bill), SJR 9 (curtailing diversion of transportation funds), and SJR 52 (allowing use of local motor fuels tax and registration fee revenues to fund transit and rail). The two constitutional amendments are dead but Senator Averitt was able to add much of SB 16 into HB 1796 (CCR adopted), so a lot of the important clean air provisions did make it.
In the last hours of the session, the House and the Senate each passed different measures to keep TxDOT and TDI alive until 2011 but neither would accept the other’s solution, leaving the agencies in uncertainty. It appears that a special session may be necessary unless a way (e.g., executive order) can be found to continue the agencies until next session.
Local Option Transportation Funding
SB 855 was set on the General State – not Major State – Calendar, which meant that the House leadership did not view it is a high priority and signaled that they would prefer to see it not come up for a vote on the House floor. Given this signal and the House 5-day “chub” meltdown to avoid getting to the Voter ID bill, the Senate at the urging of Chairman John Carona incorporated the local option provisions into the TxDOT Sunset Bill (CSHB 300). In addition, many of the transportation issues addressed in separate bills that died at midnight May 26 as a result of the House meltdown were incorporated into CSHB 300, so that it grew to over 1,000 pages in length.
The House refused to concur in the Senate amendments to CSHB 300 and appointed conferees, the majority of whom were not supporters of local option.
CSHB 300 House conferees: Carl Isett, Joe Pickett, Linda Harper-Brown, Wayne Smith and Ruth Jones McClendon.
CSHB 300 Senate conferees: Glenn Hegar, John Carona, Robert Nichols, Kirk Watson and Chuy Hinojosa.
There was a valiant effort to get 3 House signatures on the CSHB 300 conference committee report containing local option provisions but ultimately it failed; thus the conference committee report filed did not contain TLOTA. In the end, the CSHB 300 Conference Committee Report was not voted on in either the House or the Senate, so no TxDOT Sunset Bill was adopted and many of the important transportation issues of the session died with it.
Two issues important to North Texas – local option transportation funding and red light cameras – were the subject of CSHB 300 amendments May 25. Below are names of Texas Senators who voted to exclude local option funding from CSHB 300 and voted for an amendment that would phase out red light cameras:
Senators who voted against TLOTA 05/25/09: Fraser(R); Hegar(R); Huffman(R); Jackson, Mike(R); Nelson(R); Ogden(R); Patrick, Dan(R)
Senators who voted against Red Light Cameras: 05/25/09 on the senate floor: Deuell(R); Duncan(R); Fraser(R); Gallegos(D); Harris(R); Hegar(R); Hinojosa(D); Huffman(R); Jackson, Mike(R); Nelson(R); Nichols(R); Patrick, Dan(R); Whitmire(D); Williams(R)
On the May 27 motion to instruct House conferees to stay with the House version of the local option provisions in CSHB 300, here is how members voted:
Alvarado(D); Anderson(R); Aycock(R); Berman(R); Bohac(R); Bonnen(R); Branch(R); Brown, Fred(R); Callegari(R); Castro(D); Chavez(D); Christian(R); Cook(R); Crabb(R); Craddick(R); Creighton(R); Crownover(R); Darby(R); Davis, John(R); Davis, Yvonne(D); Driver(R); Dunnam(D); Edwards(D); Eiland(D); Eissler(R); Elkins(R); Farabee(D); Flynn(R); Frost(D); Gattis(R); Gonzalez Toureilles(D); Guillen(D); Gutierrez(D); Hamilton(R); Hancock(R); Harper-Brown(R); Hilderbran(R); Hodge(D); Hopson(D); Howard, Charlie(R); Hughes(R); Hunter(R); Isett(R); Jones(R); King, Phil(R); King, Tracy(D); Kleinschmidt(R); Kolkhorst(R); Laubenberg(R); Legler(R); Madden(R); Mallory Caraway(D); Martinez Fischer(D); McReynolds(D); Menendez(D); Merritt(R); Miller, Doug(R); Miller, Sid(R); Moody(D); Morrison(R); Olivo(D); Otto(R); Parker(R); Paxton(R); Pena(D); Pickett(D); Quintanilla(D); Raymond(D); Ritter(D); Rose(D); Sheffield(R); Smith, Wayne(R); Smithee(R); Solomons(R); Swinford(R); Taylor(R); Thibaut(D); Thompson(D); Turner, Sylvester(D); Veasey(D); Vo(D); Walle(D); Weber(R); Zerwas(R)
Allen(D); Alonzo(D); Anchia(D); Bolton(D); Brown, Betty(R); Burnam(D); Button(R); Chisum(R); Cohen(D); Coleman(D); Corte(R); Deshotel(D); Dukes(D); England(D); Farias(D); Farrar(D); Fletcher(R); Flores(D); Gallego(D); Geren(R); Giddings(D); Gonzales(D); Hardcastle(R); Hartnett(R); Heflin(D); Hernandez(D); Herrero(D); Hochberg(D); Howard, Donna(D); Jackson, Jim(R); Keffer(R); Kent(D); King, Susan(R); Leibowitz(D); Lewis(R); Lucio III(D); Maldonado(D); Marquez(D); Martinez(D); McCall(R); McClendon(D); Miklos(D); Naishtat(D); Oliveira(D); Ortiz(D); Patrick, Diane(R); Phillips(R); Pierson(D); Riddle(R); Rios Ybarra(D); Rodriguez(D); Shelton(R); Smith, Todd(R); Strama(D); Truitt(R); Turner, Chris(D); Vaught(D); Villarreal(D); Woolley(R)
Diversion of Transportation Funds
While we were unable to pass a bill or a joint resolution to stop diversions, the appropriators made a little progress – $365,650,880 less diversions than the current biennium. FY 2008-09 = $1,567,351,574 versus FY 2010-11= $1,194,871,342.
81st Texas Legislature
Selected Bills of Interest
Selected Bills of Interest
Priority Transportation Bills
SB 855 (Carona) – the Texas Local Option Transportation Act – adds a new chapter to the Local Government Code to authorize Austin, DFW and San Antonio counties to impose transportation taxes and fees if approved by county voters, the revenue from which may be used to fund mobility services and projects including passenger rail, transit, roadway, and freight rail:
- an indexed county tax on the sale of motor vehicle fuel, not to exceed $0.10 per gallon
- a local option mobility improvement fee, not to exceed $60 per vehicle per year
- a parking regulation and management fee, not to exceed $2 per day per vehicle
- an annual motor vehicle emissions fee, not to exceed $15
- a driver’s license renewal fee, with the county fee equivalent to the state fee
- a new resident roadway impact fee, not to exceed $250.
Committee substitute passed in the Senate April 14 with 15 floor amendments; House committee substitute placed on May 21 General State Calendar. The House substitute eliminates all fee options except for a ten cent county tax on motor fuels and expands the applicability to all 25 metropolitan planning areas. A condensed version of the bill as passed in the Senate was attached to the TxDOT Sunset Bill (CSHB 300) as amendment # 64 in Senate Transportation & Homeland Security May 20 (contains three fee options – county motor fuel tax, mobility improvement fee and driver’s license renewal fee; requires the Texas Transportation to select at least one demonstration local option project from five eligible metropolitan areas). The conference committee report signed by 4 house members and 3 senators May 30 did not include the local option transportation provisions. Five senators signed an earlier version of the CCR but could not get signatures from 3 house members.
SB 216 (Carona) & SB 746 (Wentworth) eliminate statutory authority for using monies in the state highway fund to police the state highway system and limits the use of such monies to improve the state highway system or mitigate environmental effects of highway maintenance or construction, beginning September 1, 2011. Referred to Senate Finance February 25 and never heard.
SB 263 (Carona) authorizes the Texas Transportation Commission to issue up to $5 billion in general obligation bonds to fund state highway improvement projects (enabling legislation for Proposition 12 approved by the voters November 2007). Zaffirini & Shapiro added as co-authors. Committee substitute passed in the Senate April 22 with one floor amendment; House committee substitute on May 23 House Major State Calendar. Content is included in CSHB 300.
SB 1923 (Watson) establishes a rail relocation advisory group appointed by the Chair of the Senate Transportation & Homeland Security Committee and the Chair of the House Transportation Committee to advise TxDOT on the implementation and administration of the rail relocation program; requires TxDOT to investigate and report to the LBB any federal matching funds potentially available for funding the program; requires TxDOT to report to the relevant legislative committee chairs by January 1, 2011 the progress made in implementing the program; prescribes that revenue from 17 specifically enumerated fees be credited to the rail relocation and improvement fund to support the program. Wendy Davis and Jeff Wentworth added as co-authors. Reported favorably as substituted from Senate Transportation & Homeland Security April 6; Senator Watson unable to get 21 votes to bring it up on the Senate floor.
SJR 9 (Carona) proposes a constitutional amendment to eliminate policing of public roadways as an allowable use of state highway fund revenues after September of 2018. Committee substitute passed in the Senate April 20; on May 22 House Constitutional Amendments Calendar; died in the House at midnight May 26; was not included as an amendment to another joint resolution.
SJR 52 (Wendy Davis) proposes a constitutional amendment to authorize the legislature by general law to permit counties to assess and collect a local motor fuels tax and an additional vehicle registration fee to be used for mobility improvement projects including rail and transit. Committee substitute passed in the Senate April 16; on May 22 House Constitutional Amendments Calendar; died in the House at midnight May 26; was not included as an amendment to another joint resolution.
Priority Clean Air Bills
CSSB 16 (Averitt) extends the TERP program and fees from 2015 to 2019; increases the time that a county has to transfer LIRAP funds to an automobile dealer from 5 to 10 business days; amends the uses of LIRAP funding for local initiative projects to prohibit using the LIP funds for purchasing local government vehicles; requires TCEQ to provide grants for eligible projects at facilities or other stationary sources to offset the incremental costs of emissions reductions; eligible projects include advanced clean energy projects, new technology projects (that involve capital expenditures that exceed $500 million), and electricity storage projects related to renewable energy; all facilities in the state are eligible for grants; grant contracts must include a provision allowing recapture of the grant funds if the project does not achieve the reductions set out in the grant application; the applicant must bear at least 50% of the cost of a project; preference will be given to projects that use Texas natural resources, contain an energy efficiency component, or include renewable energy; the grant provision expires in 2019; reduces the percentage of funding for the new technology research and development program by a half percent in order to increase the funding for the administrative costs to TCEQ and to the Energy Systems Lab to implement and administer the new technology research and development program; requires TCEQ, TRRC, and PUC to jointly participate in the federal government process for developing federal greenhouse gas reporting requirements and the federal greenhouse gas registry requirements. Committee substitute passed in the Senate April 14; House committee substitute on May 23 House Major State Calendar; technically died in the House at midnight May 26 but lives on as a senate floor amendment to HB 1796 adopted May 26 (1796 CCR adopted in House May 31 and in Senate June 1).
SB 1425 (Williams) directs the TCEQ to establish and administer the Texas clean fleet program designed to encourage entities that have a fleet of vehicles to either convert diesel-powered or gasoline-powered vehicles to alternative fuel vehicles or replace them with such vehicles, including hybrid-electric, compressed natural gas, liquefied natural gas, hydrogen, or other alternative fuel vehicles, to reduce the exposure of the citizens living in nonattainment areas of the state; directs the TCEQ to establish and administer the Texas alternative fueling facilities program designed to provide fueling facilities in nonattainment areas for alternative fuel; makes available a portion of the Texas Emissions Reduction Plan (TERP) funding for the programs. Committee substitute passed the Senate with one floor amendment May 8; House committee substitute died May 26 on May 23 General State Calendar; largely incorporated into HB 1796 by senate floor amendment May 26 (1796 CCR adopted in House May 31 and in Senate June 1).
SB 1828 (Averitt) extends from September 1, 2009 to November 1, 2010 the provision that TCEQ may not prohibit or limit the idling of motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle’s sleeper berth for a government-mandated rest period, requires TCEQ to adopt rules establishing an optional nitrogen oxide idling emission standard for heavy-duty diesel engines manufactured during or after the 2008 model year and certification process for heavy-duty engines that meet the standard including a method to visually verify that is certified, and exempts vehicles with certified engines from idling restrictions. Committee substitute passed in the Senate April 30; on May 21 House General State Calendar; died in the House at midnight May 26 unless it is attached to a related bill as an amendment.
SB 2110 (West) increases the fine and penalty for violations by inspectors and inspection stations, increases the fee for certification of inspectors and inspection stations, and requires a surety bond along with an application for certification, all in the effort to reduce fraudulent vehicle emissions inspections. Committee substitute passed in the Senate April 30; on May 21 House General State Calendar; died in the House at midnight May 26 unless it is attached as an amendment to a related bill that passes.
HB 3089 (Veasey) permits the commissioners court to order any vehicle retired as a requirement of a clean vehicle program to be crushed and if practicable recycled without going through an auction or bid process. Committee substitute passed in the House April 30; passed in the Senate May 26; signed in the House May 30; signed in the Senate May 31; sent to the Governor June 1.
Priority Economic Development Bills
HB 51 (Branch, McCall, Coleman, McClendon, Madden w/87 co-authors) adds a new subsection to the appropriations section of the Higher Education Coordinating Board chapter of the Texas Education Code establishing a program to advance emerging research universities and requiring the coordinating board to recommend appropriate funding levels to support the program. Committee substitute passed in the House with one floor amendment April 24; senate committee substitute, containing key provisions of HB 51, SB 9 & SB 1560, passed in the Senate May 26; house declined to concur and appointed conferees; conference committee report filed May 30; Senate adopted CCR May 31; House adopted CCR May 31.
SB 1515 (Watson) renames two economic development programs built primarily around sporting events to the Major Events trust fund and the Event trust fund; expands the counties and cities eligible for and allowed to participate in incentive funding under the programs, and expands the scope of activities eligible for incentive funding; provides the comptroller with more jurisdiction to gauge the economic impact of different bills and changes how the state administers both programs; authorizes the comptroller to provide appropriated funds up front for Major Events fund events that are projected to collect; at least $15 million in tax revenues. Senate committee substitute passed in the Senate April 15; House committee substitute passed in the House May 20; senate concurs in House amendments May 28; signed in the senate May 30; signed in the House May 31; sent to the Governor June 1.
SB 956 (West) authorizes the board of regents of the University of North Texas System to establish and operate a law school in the city of Dallas financed with the issuance of up to $30 million in bonds. Substituted, heard, testimony taken and left pending in Senate Education Committee Mar 3, Shapiro added as co-author. Committee substitute, with two floor amendments, passed in the Senate April 15; House committee substitute, with one floor amendment, passed in the House May 14; senate refused to concur May 18 and appointed conferees; conference committee report signed May 30; House adopted CCR May 31; Senate adopted CCR May 31.
SJR 35 (Duncan, Shapiro) proposes a constitutional amendment establishing the national research university fund to enable emerging research universities to achieve national prominence as major research universities and transferring the balance of the higher education fund to the national research university fund. Passed in the Senate April 6; on May 24 House Constitutional Amendments Calendar; added as an amendment to HJR 14.
Transportation Bills of Potential Interest
HB 300 (Isett, Pickett, Harper-Brown) & SB 1019 (Hegar) – the TxDOT Sunset bill – continues the Texas Transportation Commission and Executive Director until January 2011, then replaces the Commission and Executive Director with a Transportation Commissioner, appointed to a two-year term by the governor with the advice and consent of the senate, establishes a rail division within TxDOT, moves the vehicle titles and registration division to a separate department, requires the commissioner and the chief financial officer to make specific certifications annually regarding internal controls and compliance with legislative mandates, prohibits use of department personnel or resources to influence passage or defeat of legislation, requires the department to establish an ethics hot line, establishes a six-member transportation legislative oversight committee, moves to the oversight committee the budget and the employees of the TxDOT government and public affairs research section, sets up components of a required 20-year plan with measurable goals and requires an annual report on implementation progress, requires the plan to be updated every five years, requires integration of planning and policy efforts, requires coordination with MPOs on long term planning assumptions and funding forecasts, requires the department to establish a project information reporting system easily accessible on the department’s internet website, sets out requirements of the project information reporting system, requires the department to establish a transportation expenditure reporting system easily accessible on the department’s internet website, requires extensive reporting on effectiveness and transportation system conditions on the internet, requires the department to establish criteria for prioritization of needs, requires the department to publish the UTP, including project priorities, in the media and on the internet, requires the department to establish formula for allocating funds to department districts and must make cash flow forecasts and keep district funding allocations within the forecasts, requires each district to develop extensive work plans with a consistent format, mandates that the department facilitate the creation of rural planning organizations in cooperation with councils of governments and local governments, suggests the alignment of district boundaries with council of government boundaries, requires the department to assist rural planning organizations with transportation planning, establishes requirements for the department to take and resolve complaints and to make reports on the effectiveness of resolving complaints, sets forth requirements to encourage and facilitate public involvement, allows the department to use competitive procurement of design-build contracts for non-tolled projects, sets out approval and certification requirements for CDAs where private entities operate toll projects, and sets up a Texas Department of Motor Vehicles. HB 300 committee substitute, with 170+ amendments, passed in the House May 11; senate committee substitute passed in the Senate with 11 floor amendments May 25. House conferees: Isett, chair, Pickett, Harper-Brown, Wayne Smith and McClendon; Senate conferees: Hegar, chair, Carona, Nichols, Watson and Hinojosa; conference committee report filed May 30.
HB 646 (Hughes) authorizes the governor to execute the Southern High-Speed Rail Compact, allowing Texas to participate in the interstate commission that will assist in conducting a feasibility study of rapid rail service between Texas, Mississippi, Louisiana and Alabama. Passed in the House May 1; passed in the Senate May 26; signed in the House May 29; signed in the Senate May 30; sent to the Governor May 31.
HB 1810 (Pickett) & SB 2378 (Nichols) amend Chapter 222 of the Transportation Code regarding the criteria for which municipalities and counties may create a transportation reinvestment zone and use of taxes collected on property in a municipal transportation reinvestment zone and in a county transportation zone and deposited into a tax increment account. HB 1810 committee substitute passed in the House May 8 with one floor amendment but died in Senate Administration Committee. SB 2378 committee substitute passed in the Senate May 1; House committee substitute on May 22 House General State Calendar; died May 26 unless it gets incorporated as an amendment to a related bill that passes.
HB 2557 (Harper-Brown) prohibits the Texas Transportation Commission from requiring that each highway or other mobility project that is proposed, in development, or under construction be evaluated for tolling. Passed in the House April 24; died in Senate Transportation & Homeland Security committee.
HB 2589 (Pickett, McClendon, Harper-Brown) sets the number of TxDOT districts at 25, eliminates the ability of the transportation commission to reduce the number of districts, conforms TxDOT district boundaries to the boundaries of councils of government, set forth provisions for rural planning organizations to carry out transportation planning functions, requires the TxDOT Chief Financial Officer on September 1 of every odd numbered year to issue a ten year cash flow forecast for each method and category of funding for transportation projects with the first two years conforming to TxDOT’s appropriation in the general appropriations act, requires the commission to allocate funding to districts in accordance with the cash flow forecast, requires the planning organization to develop a ten year transportation plan utilizing the funding allocated to the regions with the first four years becoming the TIP, requires TxDOT to compile the region’s project selections to develop the statewide transportation plan, mandates that MPOs and rural planning organizations select projects and order them in priority, requires the process for developing plans and programs to consider all modes of transportation and to be continuing, cooperative, and comprehensive, mandates that TxDOT use the planning organizations’ project lists to create the statewide transportation program and budget, authorizes the commission to adopt rules that allow a region to loan funds to another region at the lending region’s discretion in order to avoid the lapsing of federal appropriations authority, requires the statewide transportation program and budget to be organized by region, by mode, and by year and to be posted online, requires the commission with local input to adopt rules creating funding formulas for transportation projects, mandates all discretionary funds received by TxDOT including toll revenues be allocated to regions based on performance criteria, sets limits for metropolitan and rural planning and operations budget allocations, requires TxDOT to develop an interactive web based system for tracking regional allocations and projects; requires TxDOT to develop standardized reports to track the efficiency of project development to ensure prudent use of funds by the region, mandates that the system be linked to a publicly accessible website enabling the tracking of project development and expenditure of funds and including a map identifying project locations, requires TxDOT to develop a ten year business work plan including key milestones for projects listed by fiscal quarter, mandates that TxDOT develop and utilize performance measures and lists 28 items that must be measured and reported publicly, establishes a ten member legislative oversight committee and specifies what the committee shall monitor, requires the commission to employ and inspector general and specifies responsibilities that the inspector general shall carry out, requires that at least 50 percent of an MPO board be made up of elected officials in order for the MPO to receive a funding allocation. Technically the bill is dead but much of it is incorporated into the House version of CSHB 300.
HB 3070 (Solomons) & SB 1876 (Nelson) make several amendments to the Transportation Code on behalf of the Denton County Transportation Authority. SB 1876 passed in the Senate April 30; passed in the House May 26; signed in the Senate May 28; signed in the House May 29; sent to the Governor May 29. HB 3070 passed in the House April 30; passed in the Senate May 26; signed in the House May 29; signed in the Senate May 30; sent to the Governor May 31.
HB 3097 (McClendon) establishes a new department of vehicles and moves to the department functions of TxDOT dealing with vehicles including automobile burglary and theft prevention, motor carriers, motor vehicle board and vehicle titles and registration and Chapter 2301 of the Occupations Code dealing with the sale and lease of motor vehicles. Committee substitute passed in the House May 6; Senate committee substitute passed in the Senate May 19 with two floor amendments; House concurs with Senate amendments May 23; signed in the House May 26; signed in the Senate May 26; sent to the Governor May 27.
SB 17 (Nichols, et al.) [24 pages] amends numerous Transportation Code sections governing comprehensive development agreements, including primacy, market valuation and CDA terms; gives county/regional toll authorities primacy. Committee substitute passed in the Senate April 6 with one floor amendment; House committee substitute on May 22 House General State Calendar; technically died in the House at midnight May 26 but incorporated into CSHB 300 as an amendment.
SB 220 (Nichols) deletse sections from the Transportation Code regarding conversion of a state highway to a toll road and further limits the Texas Transportation Commission’s ability to convert a highway to a toll road; specifies that no highway lane will be converted to a toll road, unless equal number of free lanes replaced, and of similar function. Substitute passed the Senate March 26; died in the House Transportation Committee but incorporated into CSHB 300 as an amendment.
SB 293 (Carona) amends the Transportation Code to eliminate a language inconsistency, to permit DART to pledge revenues to debt service and to clarify that operations costs and expenses do not constitute a first lien on agency revenues. Committee substitute passed the Senate March 19; passed in the House May 5; signed in the Senate May 7; signed in the House May 7; sent to the Governor May 7; signed by the Governor May 19; effective immediately.
SB 384 (Carona) amends the transportation code to allow TxDOT to provide public information on the status of toll road projects but not to engage in marketing or advertising to influence public opinion about use of toll roads or use of tolls as a financial mechanism. Passed the Senate April 2; on May 22 House General State Calendar; technically died in the House at midnight May 26 but included in CSHB 300 as an amendment.
SB 404 (Carona) extends for six years the period of time during which certain toll project entities may enter into a comprehensive development agreement. Committee substitute passed the Senate April 6; House committee substitute on May 22 House General State Calendar; died in the House at midnight May 26. [CSHB 300 extends CDA authority for four years.]
SB 488 (Ellis, Carona) establishes safe driving parameters for use in the vicinity of a vulnerable road user (pedestrian, jogger, road worker, stranded motorist, etc.). Committee substitute passed in the Senate April 21 with one floor amendment; House committee substitute passed in the House May 19. Senate refused to concur in House amendments and appointed a conference committee; conference committee reported filed May 29; adopted in the House May 30; adopted in the Senate May 31.
SB 502 (Carona) authorizes TxDOT to enter an agreement to provide funds to a state or federal agency to expedite the agency’s performance of its duties related to the environmental review process for a transportation project of the department. Committee substitute passed the Senate April 2; on May 22 House General State Calendar; technically died in the House at midnight May 26 but incorporated as amendment in CSHB 300.
SB 505 & SJR 18 (Ogden) authorizes the Transportation Commission, subject to legislative review and approval, to designate an area adjacent to a state highway project as a transportation finance zone, to deposit in the Texas Mobility Fund state sales tax receipts from within the zone, and to use the funds only to retire debt incurred to develop the adjacent state highway. SB 505 committee substitute passed in the Senate May 7 and died in the House. SJR 18 committee substitute passed in the Senate April 17 with one floor amendment; on May 26 House Constitutional Amendments Calendar; died.
SB 713 (Carona) prohibits the use of trip data from a transponder used to electronically assess or collect a toll to prosecute an offense in which vehicle speed is an element. Committee substitute passed the Senate April 2; on May 20 House General State Calendar; died.
SB 882 (Carona) prohibits NTTA from providing financial security for the performance of its toll collections services if it determines that providing such security could restrict the amount, or increase the cost, of bonds or other debt obligations it may subsequently issue or if it is not reimbursed its cost of providing the security; clarifies that NTTA has specified powers also provided HCRTA, TxDOT, and RMAs; empowers NTTA to provide a stipend to unsuccessful proposers on a design-build project; allows NTTA to prohibit operation of a motor vehicle on its turnpikes for failure to pay fines, fees or tolls; prohibits a local governmental entity in a county that is part of NTTA from owning, constructing, maintaining or operating a toll project unless the local governmental entity and NTTA enter into a written agreement specifying the terms and conditions under which the project will be undertaken; authorizes NTTA to provide for administrative adjudication of violations. Committee substitute passed in the Senate April 23; House committee substitute passed in the House May 26; senate concurs in House amendments May 28; signed in the Senate May 30; signed in the House May 31; sent to the Governor June 1.
SB 883 (Carona) amends the Transportation Code to prohibit TxDOT from pledging or encumbering money deposited in the state highway fund to guarantee a loan obtained by public or private entity for costs associated with a toll facility of the entity or to insure bonds issued by a public or private entity for costs associated with a toll facility of the entity. Committee substitute passed in the Senate May 5; passed in the House May 27 (local calendar); signed in the Senate May 30; signed in the House May 31; sent to the Governor June1.
SB 898 (Shapleigh) expands the purposes of a municipal transportation reinvestment zone to include enhancing a municipality’s ability to provide for freight or passenger rail facilities or systems. Shapiro added as co-author; passed the senate April 9; on May 22 House General State Calendar; died midnight May 26; included as an amendment in CSHB 300.
SB 970 (Seliger) eliminates the requirement that the Executive Director of TxDOT be a professional engineer. Passed in the Senate March 6; passed in the House May 27 (local calendar); signed in the Senate May 31; sent to the Governor June 1.
SB 1350 (Carona) establishes a Texas Transportation Revolving Fund to make loans, provide credit enhancement, serve as reserve fund, provide capitalized interest, provide payment guarantees, and issue revenue bonds to cities, counties, and other public or private entities for transportation projects; intended as means of leveraging the Prop 12 bond proceeds. Committee substituted passed in the Senate April 28 with three floor amendments; died in the House Transportation Committee but incorporated into CSHB 300 by way of amendment.
SB 1351 (Carona) changes the term of a member of the Texas Transportation Commission from six years to two years and requires advice and consent of the Texas Senate for reappointment. Not passed in either chamber but included in the CSHB 300 conference committee report.
SB 1353 (Carona) amends the Transportation Code regarding contract provisions in comprehensive development agreements to (a) permit a toll project entity to enter into a revenue sharing agreement with a private participant and (b) prohibit a toll project entity from accepting an up front concession payment. Committee substitute passed in the Senate with one floor amendment April 22; died in the House Transportation Committee but incorporated into CSHB 300 by way of amendment.
SB 1382 (Carona) directs TxDOT to prepare and update annually a long-term plan for passenger rail service including a description of existing and planned systems, existing and projected ridership, and an analysis of potential interconnectivity difficulties; requires TxDOT to coordinate with other entities involved with passenger rail systems and to coordinate activities regarding planning, construction, operation and maintenance of a statewide passenger rail system. Passed in the Senate April 30; passed in the House May 27 (local calendar); signed in the Senate May 30; signed in the House May 31; sent to the Governor June 1.
SB 1383 (Carona) establishes a Texas Local Participation Transportation Program administered by the Texas Comptroller, creates the Texas local participation fund as a dedicated account in the general revenue fund, prescribes that an eligible project from local project sponsor may receive no more than 50 percent of its cost from the fund, and provides that the fund is composed of money transferred to the fund at the direction of the legislature, gifts and grants contributed to the fund, interest and earnings received from investments of money in the fund, and money repaid by a local project sponsor under a loan made under this subchapter. Committee substitute passed in the Senate May 5; on May 20 Major General State Calendar; died.
SB 1570 (Carona) amends Chapter 91.001 of the Transportation Code to require that the Texas Transportation Commission create a transportation corporation for high speed rail; requires that the corporation have a board of seven members, of whom three are appointed by TTC; and four are appointed by TTC from a list of candidates submitted by the South Central High Speed Rail Authority Inc., a local government corporation organized under Chapter 431, Subchapter D, Transportation Code; authorizes the corporation to plan and develop a high-speed rail facility, to solicit federal funding to be allocated to the Texas Department of Transportation (TxDOT) for high speed rail planning and development, to coordinate with federal planners and representatives from adjacent states for the interconnectivity of high-speed rail systems in this state with systems developed in federally designated high-speed rail corridors in other states, to represent and negotiate on behalf of this state for the interconnectivity of high-speed rail with existing and planned transportation systems, including airports, seaports, transit systems, commuter rail systems, and highways, and to coordinate with federal transportation planners and officials at the United States Department of Defense or its successor agency regarding issues related to the provision of connectivity to military installations in this state; requires a high-speed rail system to enhance connectivity to this state’s largest airports, enhance connectivity for and ease of passenger transport to and from military installations located in this state, and be developed in collaboration with high-speed rail projects in other areas of the United States to ensure interconnectivity with other federally designated high-speed rail corridors; requires annual reports of progress to the state executive, legislative and transportation leaders. Committee substitute passed in the Senate May 5; died in the House.
SJR 18 (Ogden) proposes a constitutional amendment authorizing the legislature to permit the Texas Transportation Commission, subject to legislative review and approval, to designate the area adjacent to a state highway project as a transportation finance zone and dedicating the proceeds of the state sales and use taxes imposed in a transportation finance zone to the Texas Mobility Fund for certain purposes. Committee substitute passed in the Senate April 17 with one floor amendment; on May 26 House Constitutional Amendments Calendar; died.
SJR 25 (Harris, Shapiro) proposes a constitutional amendment adding Sec 7-c to Article 8 restricting the use of toll revenue not dedicated to debt retirement to acquisition, construction, operation, maintenance, or improvement of transportation projects. Passed in the Senate with one floor amendment April 23; on May 26 House Constitutional Amendments Calendar; died.
Eminent Domain Bills of Potential Interest
HJR 14 (Corte, Hilderbrand, Anderson, Paxton, Hughes) proposes a constitutional amendment requiring that compensation for eminent domain be just and that the state or political subdivision must prove by clear and convincing evidence that the contemplated use of the property is public and necessary at the time of the taking. Committee substitute with three floor amendments passed in the House May 11; senate committee substitute passed with one floor amendment May 26; House declined to concur and appointed conferees May 29. Conference Committee Report filed May 31; House adopted CCR May 31; Senate adopted CCR May 31.
SB 18 (Estes) [25 co-authors] similar to HB 2006 passed by the 80th Texas Legislature and vetoed by the Governor, redefines public use and creates a truth in condemnation act that requires good faith negotiations and compensation for economic loss including diminished access; limits eminent domain use to takings only for public use, requires authority to use eminent domain to be granted in a public meeting, requires making a bona fide offer to purchase before initiating condemnation proceedings, and requires fair compensation to property owners who lose direct access to their remaining property. Committee substitute with five floor amendments passed in the Senate May 4; house committee substitute on May 22 House Major State Calendar; died May 26 but much of it added to CSHB 300 by way of senate floor amendment.
Other Bills of Potential Interest
HB 130 (Patrick, et al) & SB 21 (Zaffirini, et al) provide additional funding to expand half-day to full-day kindergarten programs, establish an enhanced quality full-day prekindergarten program, require participating school districts to use at least 20 percent of the additional foundation school program funds to contract with community providers meeting certain requirements indicating a high-quality program, provide transparency and accountability, and set standards to improve early childhood learning; will improve literacy, increase student performance, reduce dropout rates and produce a return on investment of at least 3.5:1. 85 of the 150 house members are signed onto the bill. 11 of 31 senators signed onto the bill. HB 130 passed in the House May 8 with five floor amendments; passed in the Senate with 11 floor amendments May 25; House concurred in Senate amendments May 29; signed in the House June 1.
HB 1433 (Lucio III) increases the maximum annual water quality fee from $75,000 to $200,000 for wastewater discharge permit holders and water right users through permit or contract [applies to the Consolidated Water Quality Fee and the Water Use Assessment Fee administered by TCEQ]. Passed in the House May 1 with one floor amendment; passed in the Senate May 13; signed in the House, signed in the Senate, sent to the Governor May 18; signed by the Governor May 26; effective 09/01.
SB 2313 (Averitt) creates a water plan projects fund to assist the Texas Water Development Board in funding certain projects identified in the state and regional water plans. Passed in the Senate May 1; on May 22 House General State Calendar; died May 26 unless it gets incorporated as an amendment to a related bill that passes
