SRC-ARR S.B. 925 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 925
76R7489 JD-FBy: Wentworth
Infrastructure
3/29/1999
As Filed


DIGEST 

Currently, Texas law prohibits the Texas Department of Transportation
(department) from expending money for the construction, operation, and
maintenance of turnpikes, toll roads and toll bridges without a requirement
that such expenditures be repaid to the state highway fund. The Texas
Turnpike Authority Division (authority) of the department operates as a
division of the department, but constitutional provisions may preclude the
department from advancing funds for turnpike project development without an
obligation for repayment. S.B. 925 authorizes the department to expend
funds for toll projects including providing funds for the authority, and
authorizing the Texas Transportation Commission to require repayment of
funds which are provided by the department. 

PURPOSE

As proposed, S.B. 925 authorizes the Texas Department of Transportation to
participate in the construction, maintenance, and operation of toll
facilities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 222.103, Transportation Code, to authorize the
Texas Department of Transportation (department) to participate, by spending
money from any available source, in the cost of the construction,
maintenance, or operation of a toll facility of a public or private entity
on terms and conditions established by the Texas Transportation Commission
(commission). Authorizes the commission to require the repayment of any
money spent by the department under this subsection. Requires the
department to notify certain members of the legislature on the status of
the project and how any other project in any other district would be
affected, not later than the 90th day before the date an expenditure is
made or a loan is granted by  the department for a project under this
section. Deletes text regarding a successor agency to the Texas Turnpike
Authority. Makes conforming changes. 

SECTION 2. Amends Section 361.184(b), Transportation Code,  to authorize
the board of directors of the Texas Turnpike Authority (authority), a
division of the Texas Department of Transportation (board) to transfer, or
direct the authority to transfer, into the project revolving fund money
from any permissible source, including money, rather than advances, from
the state highway fund. Deletes text regarding repayment of advances. 

SECTION 3. Amends Section 361.191, Transportation Code, to authorize the
department to provide for the expenditure of money for the cost of the
construction, maintenance, or operation of a turnpike project by the
authority. Authorizes the department to require the authority to repay
money provided to the authority under Subsection (a) from toll revenue or
other sources and on terms established by the commission. Deletes text
regarding repayment of certain funds. 

SECTION 4. Amends Section 362.004(e) and (f), Transportation Code, to
authorize the commission to require the authority to repay that money,
rather than the fund, from toll revenue or other sources and on terms
established by the commission, rather than tolls or other turnpike revenue.
Authorizes the commission to require the authority to repay funds advanced
under this subsection from toll  revenue or other sources and on terms
established by the commission. Deletes text requiring any money advanced
out of the state highway fund to be repaid to the fund from tolls or other
turnpike revenue. 

SECTION 5. Provides that this Act takes effect on the date on which the
constitutional amendment proposed by ___.J.R. No. ___, 76th Legislature,
Regular Session, 1999, takes effect. Provides that if the amendment is not
approved by the voters, this Act has no effect.