CHAPTER 227. TRANS-TEXAS CORRIDOR
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE B. STATE HIGHWAY SYSTEM
CHAPTER 227. TRANS-TEXAS CORRIDOR
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 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 toll project under
Section 201.001(b).
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.24, eff. June 14, 2005.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 227.004. ENVIRONMENTAL DOCUMENTATION. (a) The department
shall include in a draft or final environmental impact statement
prepared as part of the environmental review of a Trans-Texas
Corridor project information detailing:
(1) the reasons for the immediate and future needs of the
project;
(2) the reasonableness of and necessity for the project; and
(3) after a segment of the project has advanced:
(A) the reasons for the immediate and future needs for each mode
of transportation in that segment of the project; and
(B) the reasonableness and necessity for each mode of
transportation in that segment of the project.
(b) After receiving approval from the federal government, the
department shall:
(1) post the final environmental impact statement on the
department's Internet website, along with information concerning
where a copy of the environmental impact statement may be
reviewed or obtained; and
(2) provide notice to each state senator and representative who
represents all or part of the area in which a segment of the
project is located, and the commissioners court of each county in
which a segment of the project is located, that the environmental
impact statement is available on the department's Internet
website.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 2.25, eff. June 14, 2005.
Sec. 227.005. PUBLIC ACCESS TO INFORMATION. (a) The department
shall:
(1) seek to achieve transparency in the department's functions
related to the Trans-Texas Corridor by providing, to the greatest
extent possible under the public information law (Chapter 552,
Government Code) and other statutes governing the access to
records, public access to information collected, assembled, or
maintained by the department relating to the Trans-Texas
Corridor;
(2) make public in a timely manner all documents, plans, and
contracts related to the Trans-Texas Corridor; and
(3) make public in a timely manner all updates to the master
development plan for the Trans-Texas Corridor, including
financial plans.
(b) The department shall send electronic versions of all updates
to the master development plan for the Trans-Texas Corridor to
the Governor's Office of Budget and Planning, the Senate Finance
Committee, the House Appropriations Committee, the Legislative
Budget Board, the state auditor's office, and the comptroller in
a timely manner.
Added by Acts 2007, 80th Leg., R.S., Ch.
264, Sec. 5.01, eff. June 11, 2007.
Sec. 227.006. POSTING INFORMATION RELATING TO TRANS-TEXAS
CORRIDOR ON DEPARTMENT'S WEBSITE. (a) The department shall post
on the department's Internet website, in a timely manner, the
costs incurred by the department in connection with the
financing, design, construction, maintenance, or operation of the
Trans-Texas Corridor.
(b) Not later than the 10th day after the date the department
enters into a contract relating to the Trans-Texas Corridor, the
department shall post a copy of the contract on the department's
Internet website.
Added by Acts 2007, 80th Leg., R.S., Ch.
264, Sec. 5.01, eff. June 11, 2007.
SUBCHAPTER B. ESTABLISHMENT
Sec. 227.011. DESIGNATION. The commission shall designate
facilities for the Trans-Texas Corridor.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.
5.03, eff. Jan. 11, 2004.
Sec. 227.015. LOCATION OF FACILITIES. Notwithstanding any other
law, including Chapter 181, Utilities Code, Chapter 552, 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, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.77(27), eff. April 1, 2009.
SUBCHAPTER C. DEVELOPMENT AND OPERATION
Sec. 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.
(f) The department may not limit the public's direct access to
or from the Trans-Texas Corridor with the intent to benefit the
economic viability of an ancillary facility.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.26, eff. June 14, 2005.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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
223, 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 223 relating to comprehensive development
agreements 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.
(d) Property that is licensed or leased to a private entity
under Section 227.082 for a commercial purpose is not exempt from
ad valorem taxation and is subject to local zoning regulations
and building standards.
(e) If a contract between the department and a private entity
includes the collection by the private entity of a fee for the
use of a facility or a combination of facilities that are part of
the Trans-Texas Corridor, the private entity shall submit to the
department for approval:
(1) the methodology for:
(A) the setting of the amount of a fee; and
(B) increasing the amount of the fee;
(2) a plan outlining methods the entity will use to collect the
fee, including:
(A) any charge to be imposed as a penalty for late payment of
the fee; and
(B) any charge to be imposed to recover the cost of collecting a
delinquent fee; and
(3) any proposed change in an approved methodology for the
setting of the amount of a fee or a plan for collecting the fee.
(f) A contract with a private entity that includes the
collection by the private entity of a fee for the use of a
facility may not be for a term longer than 50 years from the
later of the date of final acceptance of the project or the start
of revenue operations by the private entity, not to exceed a
total term of 52 years. The contract must contain an explicit
mechanism for setting the price for the purchase by the
department of the interest of the private entity in the contract
and related property, including any interest in a highway or
other facility designed, developed, financed, constructed,
operated, or maintained under the contract.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 1.01, eff. June 21,
2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.
5.04, eff. Jan. 11, 2004.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.27, eff. June 14, 2005.
Acts 2007, 80th Leg., R.S., Ch.
264, Sec. 1.03, eff. June 11, 2007.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 227.028. ENVIRONMENTAL MITIGATION. (a) Subject to Section
201.617(a-1), 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, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.28, eff. June 14, 2005.
Sec. 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
a location that the department determines restores the utility of
the facility. 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, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.29, eff. June 14, 2005.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 227.032. HIGHWAYS INTERSECTING TRANS-TEXAS CORRIDOR. (a)
The department shall ensure that, at each intersection of a
segment of a state highway that is designated as part of the
Trans-Texas Corridor and a segment of a highway that is
designated as an interstate highway, state highway, or United
States highway, the Trans-Texas Corridor and the interstate
highway, state highway, or United States highway are directly
accessible to each other.
(b) The department shall make every reasonable effort to connect
a segment of a state highway that is designated as part of the
Trans-Texas Corridor with significant farm-to-market and
ranch-to-market roads and major county and city arterials
included in the locally adopted long-range transportation plan as
determined by the department, taking into consideration:
(1) financial feasibility;
(2) advice solicited from:
(A) county commissioners courts;
(B) governing bodies of municipalities; and
(C) metropolitan planning organizations;
(3) circuity of travel for landowners;
(4) access for emergency vehicles; and
(5) traffic volume.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 2.30, eff. June 14, 2005.
Sec. 227.033. GROUNDWATER. (a) After receipt of an unsolicited
proposal or after soliciting proposals to construct a facility
for the transportation of groundwater from the county in which
the groundwater is pumped or extracted, but not later than the
90th calendar day before entering into a lease agreement, license
agreement, or franchise agreement for the use of any part of the
Trans-Texas Corridor for that purpose, the department shall
provide written notice of the proposal or the solicitation to:
(1) each groundwater conservation district, subsidence district,
or other local water authority having territory in the county in
which the groundwater is pumped or extracted; and
(2) the commissioners court of the county in which the
groundwater is pumped or extracted.
(b) The department may not pump or extract, or allow the pumping
or extracting, of groundwater from the right-of-way of the
Trans-Texas Corridor unless the groundwater is needed for the
construction, operation, or maintenance of a facility other than
a public utility facility. If a well drilled and operated on the
Trans-Texas Corridor is located inside the boundaries of a
groundwater conservation district or a subsidence district, the
well is subject to the rules of the district.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 2.30, eff. June 14, 2005.
Sec. 227.034. PROHIBITION AGAINST LIMITING OR PROHIBITING
CONSTRUCTION OF TRANSPORTATION PROJECTS. (a) A contract for the
acquisition, construction, maintenance, or operation of a
facility on the Trans-Texas Corridor may not contain a provision
that limits or prohibits construction or operation of a highway
or other transportation project that is:
(1) included in the unified transportation program of the
department in effect at the time the contract is executed;
(2) a project of a local government; or
(3) constructed or operated for the safety of pedestrian or
vehicular traffic.
(b) In this section, "transportation project" has the meaning
assigned by Section 370.003.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 2.30, eff. June 14, 2005.
SUBCHAPTER D. RIGHT-OF-WAY ACQUISITION
Sec. 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 203, for
a toll 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 or is needed for
mitigation of adverse environmental effects, and if its
acquistion 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) subject to Section 203.052(c), providing a location for a
gas station, convenience store, or similar ancillary facility.
(b-1) The commission may not acquire property for an ancillary
facility that will be used for commercial purposes, except to
provide a location between the main lanes of a highway or between
a highway and a department rail facility for a gas station,
convenience store, or similar facility that:
(1) provides services to and directly benefits users of the
Trans-Texas Corridor; and
(2) is not located within 10 miles of an intersection of a
segment of a state highway that is designated as part of the
Trans-Texas Corridor and a segment of a state highway that is
designated as an interstate highway.
(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.
(d) If the commission acquires property not immediately needed
for department purposes, the department is encouraged to acquire
an option to purchase the property under Subsection (a) or to
lease back purchased land under Section 227.043 to continue the
agricultural or recreational use of the property.
(e) Repealed by Acts 2005, 79th Leg., 2nd C.S., Ch. 1, Sec. 7,
eff. November 18, 2005.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.31, eff. June 14, 2005.
Acts 2005, 79th Leg., 2nd C.S., Ch.
1, Sec. 4, eff. November 18, 2005.
Acts 2005, 79th Leg., 2nd C.S., Ch.
1, Sec. 7, eff. November 18, 2005.
Sec. 227.0415. DEVELOPMENT RIGHTS. (a) In connection with the
acquisition of property located in an existing or planned segment
of the Trans-Texas Corridor for the purpose of providing a
location for an ancillary facility to be used for a commercial
purpose, the owner of the property to be acquired may elect to
retain the right to develop the property in accordance with the
department's development plans. If more than one person owns an
interest in the property, the election under this subsection must
be made by unanimous written consent of all persons who own an
interest in the property.
(b) If the owner does not develop the property within the time
period set out in the department's development plans, the
department may acquire the development rights for the property by
purchase or condemnation.
(c) Property that is developed by the owner under this section
is not exempt from ad valorem taxation and is subject to local
zoning regulations and building standards.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 2.32A, eff. June 14, 2005.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 227.047. ALTERNATIVE ACCESS TO SEVERED PROPERTY. If the
department acquires a tract for the Trans-Texas Corridor that
severs an owner's property, the department may allow the owner to
build, in compliance with federal law, an alternative access
between the severed tracts below the tract acquired by the
department. An owner must obtain department approval of the
design specifications of the alternative access.
Added by Acts 2005, 79th Leg., Ch.
281, Sec. 2.32, eff. June 14, 2005.
SUBCHAPTER E. FINANCING
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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) The department may not spend money from the general revenue
fund for the construction or purchase of non-highway facilities
on the Trans-Texas Corridor except pursuant to a line-item
appropriation.
(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, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.33, eff. June 14, 2005.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
Sec. 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, Sec. 1.01, eff. June 21,
2003.
SUBCHAPTER F. REVENUE
Sec. 227.081. FEES. (a) Notwithstanding any other law,
including Chapters 161, 162, 163, and 181, Utilities Code,
Chapter 552, 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
552, 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, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
885, Sec. 3.77(28), eff. April 1, 2009.
Sec. 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.
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 reasonably necessary for the effective use or
operation of a facility and to provide a location between the
main lanes of a highway or between a highway and a department
rail facility for a gas station, convenience store, or a similar
facility that:
(1) provides services to and directly benefits users of the
Trans-Texas Corridor; and
(2) is not located within 10 miles of an intersection of a
segment of a state highway that is designated as part of the
Trans-Texas Corridor and a segment of a state highway that is
designated as an interstate highway.
(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.
(f) The department may lease property or grant a franchise or
license under this section only if each agreement has been
approved by the commissioners court of the county in which the
property, facility, or other part of the Trans-Texas Corridor is
located. This subsection does not apply to a lease of property
or a grant of a franchise or license to a private entity for the
purpose of operating a highway, turnpike, rail facility, or
utility facility under a comprehensive development agreement.
Added by Acts 2003, 78th Leg., ch. 1325, Sec. 1.01, eff. June 21,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.33A, eff. June 14, 2005.
Sec. 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, Sec. 1.01, eff. June 21,
2003.