CHAPTER 227. TRANS-TEXAS CORRIDOR

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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;

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

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

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.

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.

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.

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.

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.

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.

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.

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;

(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

(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.

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.

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.

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.

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.

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.

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.

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.

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.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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