By Siebert                                            H.B. No. 1944
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the participation of the Texas Department of
 1-3     Transportation in the construction, maintenance, or operation of
 1-4     toll facilities.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Section 222.103, Transportation Code, is amended
 1-7     to read as follows:
 1-8           Sec. 222.103.  Cost Participation.  (a)  The department may
 1-9     participate, by expending funds from any source available, in the
1-10     cost of the construction, maintenance, or operation of a toll
1-11     facility of a public or private entity on terms and conditions
1-12     established by the commission.  The commission may require the [,
1-13     including requirements for] repayment of funds expended by the
1-14     department under this section.
1-15           (b)  [An entity receiving cost participation from the
1-16     department under this section is a successor agency to the Texas
1-17     Turnpike Authority for the purposes of Section 52-b, Article III,
1-18     Texas Constitution.]
1-19           [(c)]  On the request of a member of the legislature, the
1-20     department shall provide the member a status report on all highway
1-21     construction projects, by legislative district, that are under
 2-1     contract or awaiting funding.  The report shall include projects
 2-2     that would be funded in any manner by state, federal, or toll
 2-3     funds.
 2-4           (c) [(d)]  On the request of a member of the legislature, not
 2-5     later than the 90th day before the date a loan is granted or an
 2-6     expenditure is made by the department for a project under this
 2-7     section, the department shall notify each member of the legislature
 2-8     that represents any part of the area affected by the project of the
 2-9     status of the project and how any other project in any other
2-10     district would be affected.
2-11           SECTION 2.  Section 361.184(b), Transportation Code, is
2-12     amended as follows:
2-13           (b)  The board may transfer, or direct the authority to
2-14     transfer, into the project revolving fund money from any
2-15     permissible source, including:
2-16                 (1)  money from a surplus fund established for a
2-17     turnpike project if the remainder of the surplus fund is not less
2-18     than any minimum amount required by the trust agreement to be
2-19     retained by that project;
2-20                 (2)  money received under Subchapter I or from a
2-21     transfer of a turnpike project under Subchapter H;
2-22                 (3)  advances from the state highway fund [if the
2-23     advance are repaid as required by Section 52 b, Article III, Texas
2-24     Constitution]; and
2-25                 (4)  contributions or assistance from the United
 3-1     States, another state, a political subdivision of this, the United
 3-2     Mexican States, or a political subdivision of the United Mexican
 3-3     States.
 3-4           SECTION 3.  Section 361.191, Transportation Code, is amended
 3-5     to read as follows:
 3-6           Sec. 361.191.  Expenditure of Money Authorized by Department
 3-7     of Transportation.  [(a)]  The Texas Department of Transportation
 3-8     may provide for the expenditure of money for the cost of
 3-9     construction, maintenance, or operation of a turnpike project by
3-10     the authority.  The department may require the authority to repay
3-11     funds provided under this section from toll revenue or other
3-12     sources on terms and conditions established by the commission.
3-13           [(b)  If money from the state highway fund is spent under
3-14     this section, the fund shall be repaid from tolls or other turnpike
3-15     revenue.]
3-16           SECTION 4.  Sections 362.004(e) and (f), Transportation Code,
3-17     are amended to read as follows:
3-18           (e)  If the department expends money [from the state highway
3-19     fund is spent] under an agreement under this section, the
3-20     commission may require the authority to [shall] repay the money
3-21     [fund] from toll [tolls on other turnpike] revenue or other sources
3-22     on terms and conditions established by the commission.
3-23           (e) [(f)]  If the commission finds that the state highway
3-24     system, the state's transportation needs, and overall mobility of
3-25     the traveling public will be enhanced, the commission may enter
 4-1     into an agreement with the authority providing for the advance of
 4-2     funds to the authority to be used for any purpose of the revolving
 4-3     fund established and administered by the authority under Section
 4-4     361.184.  The commission may require the repayment of funds
 4-5     advanced under this subsection [, provided that any money advanced
 4-6     out of the state highway fund shall be repaid to the fund] from
 4-7     toll [tolls or other turnpike] revenue or other sources on terms
 4-8     and conditions established by the commission.
 4-9           SECTION 5.  This Act takes effect on the date on which the
4-10     constitutional amendment proposed by _.J.R. No. __, 76th
4-11     Legislature, Regular Session, 1999, takes effect.  If that
4-12     amendment is not approved by the voters, this Act has no effect.
4-13           SECTION 6.  The importance of this legislation and the
4-14     crowded condition of the calendars in both houses create an
4-15     emergency and an imperative public necessity that the
4-16     constitutional rule requiring bills to be read on three several
4-17     days in each house be suspended, and this rule is hereby suspended.