1-1 By: Wentworth S.B. No. 925
1-2 (In the Senate - Filed March 5, 1999; March 8, 1999, read
1-3 first time and referred to Committee on State Affairs;
1-4 April 7, 1999, reported favorably by the following vote: Yeas 9,
1-5 Nays 0; April 7, 1999, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to the participation of the Texas Department of
1-9 Transportation in the construction, maintenance, and operation of
1-10 toll facilities.
1-11 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-12 SECTION 1. Section 222.103, Transportation Code, is amended
1-13 to read as follows:
1-14 Sec. 222.103. COST PARTICIPATION. (a) The department may
1-15 participate, by spending money from any available source, in the
1-16 cost of the construction, maintenance, or operation of a toll
1-17 facility of a public or private entity on terms and conditions
1-18 established by the commission. The commission may require the
1-19 repayment of any money spent by the department under this
1-20 subsection[, including requirements for repayment].
1-21 (b) [An entity receiving cost participation from the
1-22 department under this section is a successor agency to the Texas
1-23 Turnpike Authority for the purposes of Section 52-b, Article III,
1-24 Texas Constitution.]
1-25 [(c)] On the request of a member of the legislature, the
1-26 department shall provide the member a status report on all highway
1-27 construction projects, by legislative district, that are under
1-28 contract or awaiting funding. The report shall include projects
1-29 that would be funded in any manner by state, federal, or toll
1-30 funds.
1-31 (c) [(d)] On the request of a member of the legislature, not
1-32 later than the 90th day before the date an expenditure is made or a
1-33 loan is granted by the department for a project under this section,
1-34 the department shall notify each member of the legislature that
1-35 represents any part of the area affected by the project of the
1-36 status of the project and how any other project in any other
1-37 district would be affected.
1-38 SECTION 2. Subsection (b), Section 361.184, Transportation
1-39 Code, is amended to read as follows:
1-40 (b) The board may transfer, or direct the authority to
1-41 transfer, into the project revolving fund money from any
1-42 permissible source, including:
1-43 (1) money from a surplus fund established for a
1-44 turnpike project if the remainder of the surplus fund is not less
1-45 than any minimum amount required by the trust agreement to be
1-46 retained for that project;
1-47 (2) money received under Subchapter I or from a
1-48 transfer of a turnpike project under Subchapter H;
1-49 (3) money [advances] from the state highway fund [if
1-50 the advances are repaid as required by Section 52-b, Article III,
1-51 Texas Constitution]; and
1-52 (4) contributions or assistance from the United
1-53 States, another state, a political subdivision of this state, the
1-54 United Mexican States, or a political subdivision of the United
1-55 Mexican States.
1-56 SECTION 3. Section 361.191, Transportation Code, is amended
1-57 to read as follows:
1-58 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
1-59 OF TRANSPORTATION. (a) The Texas Department of Transportation may
1-60 provide for the expenditure of money for the cost of the
1-61 construction, maintenance, or operation of a turnpike project by
1-62 the authority.
1-63 (b) The department may require the authority to repay money
1-64 provided to the authority under Subsection (a) from toll revenue
2-1 or other sources and on terms established by the commission [If
2-2 money from the state highway fund is spent under this section, the
2-3 fund shall be repaid from tolls or other turnpike revenue].
2-4 SECTION 4. Subsections (e) and (f), Section 362.004,
2-5 Transportation Code, are amended to read as follows:
2-6 (e) If the department spends money [from the state highway
2-7 fund is spent] under an agreement under this section, the
2-8 commission may require the authority to [shall] repay that money
2-9 [the fund] from toll revenue or other sources and on terms
2-10 established by the commission [tolls or other turnpike revenue].
2-11 (f) If the commission finds that the state highway system,
2-12 the state's transportation needs, and overall mobility of the
2-13 traveling public will be enhanced, the commission may enter into an
2-14 agreement with the authority providing for the advance of funds to
2-15 the authority to be used for any purpose of the revolving fund
2-16 established and administered by the authority under Section
2-17 361.184. The commission may require the authority to repay funds
2-18 advanced under this subsection from toll revenue or other sources
2-19 and on terms established by the commission[, provided that any
2-20 money advanced out of the state highway fund shall be repaid to the
2-21 fund from tolls or other turnpike revenue].
2-22 SECTION 5. This Act takes effect on the date on which the
2-23 constitutional amendment proposed by ___.J.R. No. _____, 76th
2-24 Legislature, Regular Session, 1999, takes effect. If that
2-25 amendment is not approved by the voters, this Act has no effect.
2-26 * * * * *