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Highlights of the 79th Texas Legislature - Senate

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TRANSPORTATION<br />

Authorizes cities and counties to purchase real property rights on land outside certain reinvestment zones for a "bus<br />

rapid transit project" or a "rail transportation project."<br />

Authorizes a TIF agreement to include provisions for <strong>the</strong> use <strong>of</strong> TIF funds to pay <strong>the</strong> costs <strong>of</strong> acquiring land,<br />

development rights, or conservation easements located outside <strong>the</strong> reinvestment zone if:<br />

• <strong>the</strong> zone is to be served by a rail transportation project or bus rapid transit project;<br />

• <strong>the</strong> acquisition is for <strong>the</strong> purpose <strong>of</strong> preserving <strong>the</strong> land in its natural or undeveloped condition; and<br />

• <strong>the</strong> land is located in <strong>the</strong> county where <strong>the</strong> zone is located.<br />

Authorizes <strong>the</strong> board <strong>of</strong> directors <strong>of</strong> a reinvestment zone, if all <strong>of</strong> <strong>the</strong> members <strong>of</strong> <strong>the</strong> board are appointed by <strong>the</strong><br />

municipality that creates <strong>the</strong> zone, or <strong>the</strong> governing body <strong>of</strong> <strong>the</strong> municipality that creates a reinvestment zone to enter<br />

into an agreement only if:<br />

• <strong>the</strong> board or <strong>the</strong> governing body determines that <strong>the</strong> acquisition <strong>of</strong> <strong>the</strong> land, or <strong>the</strong> development rights or<br />

conservation easement in <strong>the</strong> land, located outside <strong>the</strong> zone benefits or will benefit <strong>the</strong> zone by facilitating<br />

<strong>the</strong> preservation <strong>of</strong> regional open space in order to balance <strong>the</strong> regional effects <strong>of</strong> urban development<br />

promoted by <strong>the</strong> rail transportation project or bus rapid transit project; and<br />

• <strong>the</strong> municipality that creates <strong>the</strong> reinvestment zone and <strong>the</strong> county in which <strong>the</strong> zone is located pay <strong>the</strong><br />

same portion <strong>of</strong> <strong>the</strong>ir tax increment into <strong>the</strong> tax increment fund for <strong>the</strong> zone.<br />

Prohibits property acquired for purposes <strong>of</strong> this Act from being acquired through condemnation.<br />

Transportation Facilities and Transportation in <strong>Texas</strong>─H.B. 2702<br />

By Representative Krusee—<strong>Senate</strong> Sponsor: Senator Staples<br />

H.B. 3588, 78th <strong>Legislature</strong>, Regular Session, 2003, and H.B. 2, 78th <strong>Legislature</strong>, Third Called Session, 2003,<br />

addressed issues related to providing <strong>the</strong> tools necessary for <strong>the</strong> <strong>Texas</strong> Department <strong>of</strong> Transportation (TxDOT) to<br />

address current transportation needs. This bill:<br />

Amends provisions in <strong>the</strong> Transportation Code to provide <strong>the</strong> <strong>Texas</strong> Transportation Commission (TTC) and TxDOT<br />

with additional flexibility to acquire, finance, maintain, manage, operate, own, and control transportation facilities in<br />

<strong>Texas</strong>.<br />

Allows TTC to grant TxDOT <strong>the</strong> authority to borrow money from any source to carry out <strong>the</strong> functions <strong>of</strong> TxDOT.<br />

Specifies that any money borrowed through <strong>the</strong> issuance <strong>of</strong> notes by TxDOT would be considered a state security<br />

and would be subject to approval by <strong>the</strong> Bond Review Board.<br />

Requires utilities to pay for <strong>the</strong> cost <strong>of</strong> relocating <strong>the</strong>ir facilities to accommodate a toll project unless <strong>the</strong> utility has a<br />

property interest or <strong>the</strong> toll project was in development prior to September 1, 2005.<br />

Authorizes TxDOT, a regional mobility authority, a regional tollway authority, or a county acting under Chapter 284<br />

(Causeways, Bridges, Tunnels, Turnpikes, and Highways In Certain Counties), Transportation Code, to enter into an<br />

agreement for <strong>the</strong> payment <strong>of</strong> pass-through tolls to an authority or county, for maintaining a highway or portion <strong>of</strong> a<br />

state highway transferred to <strong>the</strong> mobility authority or county and converted to a toll facility.<br />

HIGHLIGHTS - 79 TH TEXAS LEGISLATURE 263

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