By Wentworth S.B. No. 925
76R7486 JD-F
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, and 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 spending money from any available source, 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 repayment of any money spent by the department under this
1-14 subsection [, including requirements for repayment].
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
1-22 contract or awaiting funding. The report shall include projects
1-23 that would be funded in any manner by state, federal, or toll
1-24 funds.
2-1 (c) [(d)] On the request of a member of the legislature, not
2-2 later than the 90th day before the date an expenditure is made or a
2-3 loan is granted by the department for a project under this section,
2-4 the department shall notify each member of the legislature that
2-5 represents any part of the area affected by the project of the
2-6 status of the project and how any other project in any other
2-7 district would be affected.
2-8 SECTION 2. Section 361.184(b), Transportation Code, is
2-9 amended to read as follows:
2-10 (b) The board may transfer, or direct the authority to
2-11 transfer, into the project revolving fund money from any
2-12 permissible source, including:
2-13 (1) money from a surplus fund established for a
2-14 turnpike project if the remainder of the surplus fund is not less
2-15 than any minimum amount required by the trust agreement to be
2-16 retained for that project;
2-17 (2) money received under Subchapter I or from a
2-18 transfer of a turnpike project under Subchapter H;
2-19 (3) money [advances] from the state highway fund [if
2-20 the advances are repaid as required by Section 52-b, Article III,
2-21 Texas Constitution]; and
2-22 (4) contributions or assistance from the United
2-23 States, another state, a political subdivision of this state, the
2-24 United Mexican States, or a political subdivision of the United
2-25 Mexican States.
2-26 SECTION 3. Section 361.191, Transportation Code, is amended
2-27 to read as follows:
3-1 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
3-2 OF TRANSPORTATION. (a) The Texas Department of Transportation may
3-3 provide for the expenditure of money for the cost of the
3-4 construction, maintenance, or operation of a turnpike project by
3-5 the authority.
3-6 (b) The department may require the authority to repay money
3-7 provided to the authority under Subsection (a) from toll revenue
3-8 or other sources and on terms established by the commission [If
3-9 money from the state highway fund is spent under this section, the
3-10 fund shall be repaid from tolls or other turnpike revenue].
3-11 SECTION 4. Sections 362.004(e) and (f), Transportation Code,
3-12 are amended to read as follows:
3-13 (e) If the department spends money [from the state highway
3-14 fund is spent] under an agreement under this section, the
3-15 commission may require the authority to [shall] repay that money
3-16 [the fund] from toll revenue or other sources and on terms
3-17 established by the commission [tolls or other turnpike revenue].
3-18 (f) If the commission finds that the state highway system,
3-19 the state's transportation needs, and overall mobility of the
3-20 traveling public will be enhanced, the commission may enter into an
3-21 agreement with the authority providing for the advance of funds to
3-22 the authority to be used for any purpose of the revolving fund
3-23 established and administered by the authority under Section
3-24 361.184. The commission may require the authority to repay funds
3-25 advanced under this subsection from toll revenue or other sources
3-26 and on terms established by the commission [, provided that any
3-27 money advanced out of the state highway fund shall be repaid to the
4-1 fund from tolls or other turnpike revenue].
4-2 SECTION 5. This Act takes effect on the date on which the
4-3 constitutional amendment proposed by ___.J.R. No. _____, 76th
4-4 Legislature, Regular Session, 1999, takes effect. If that
4-5 amendment is not approved by the voters, this Act has no effect.