77R15048 JD-F
By Shapiro, et al. S.B. No. 342
Substitute the following for S.B. No. 342:
By Alexander C.S.S.B. No. 342
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 acquisition, construction, maintenance, and
1-4 operation of 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 acquisition, construction, maintenance, or operation of
1-11 a toll facility of a public or private entity on terms and
1-12 conditions established by the commission. The commission:
1-13 (1) may require the repayment of any money spent by
1-14 the department for the cost of a toll facility of a public entity;
1-15 and
1-16 (2) shall require the repayment of any money spent by
1-17 the department for the cost of a toll facility of a private
1-18 entity[, including requirements for repayment].
1-19 (b) Money repaid as required by the commission shall be
1-20 deposited to the credit of the fund from which the expenditure was
1-21 made.
1-22 (c) A bond or other debt obligation issued by a public or
1-23 private entity to finance the cost of a toll facility in which the
1-24 department participates is an obligation of the issuing entity and
2-1 is not an obligation of this state.
2-2 (d) [An entity receiving cost participation from the
2-3 department under this section is a successor agency to the Texas
2-4 Turnpike Authority for the purposes of Section 52-b, Article III,
2-5 Texas Constitution.]
2-6 [(c)] On the request of a member of the legislature, the
2-7 department shall provide the member a status report on all highway
2-8 construction projects, by legislative district, that are under
2-9 contract or awaiting funding. The report shall include projects
2-10 that would be funded in any manner by state, federal, or toll
2-11 funds.
2-12 (e) [(d)] On the request of a member of the legislature, not
2-13 later than the 90th day before the date a loan is granted or an
2-14 expenditure is made by the department for a project under this
2-15 section, the department shall notify each member of the legislature
2-16 that represents any part of the area affected by the project of the
2-17 status of the project and how any other project in any other
2-18 district would be affected.
2-19 (f) This section applies to any participation by the
2-20 department in the cost of a project under Chapter 284, 361, or 366.
2-21 (g) The commission shall adopt rules to implement Subsection
2-22 (a).
2-23 (h) Money granted by the department each federal fiscal year
2-24 under this section may not exceed 30 percent of the obligation
2-25 authority under the federal-aid highway program that is distributed
2-26 to this state in that year.
2-27 (i) Any project that uses money that is granted or loaned
3-1 from constitutionally dedicated funds for the construction or
3-2 maintenance of a project must be let by a competitive bidding
3-3 procedure in which the contract is awarded to the lowest
3-4 responsible bidder.
3-5 (j) Notwithstanding Subsection (i), the Texas Turnpike
3-6 Authority division of the department, or a successor agency, may
3-7 enter into exclusive development agreements on four projects before
3-8 March 1, 2004. This subsection expires March 1, 2004.
3-9 SECTION 2. Subchapter A, Chapter 361, Transportation Code,
3-10 is amended by adding Sections 361.003 and 361.005 to read as
3-11 follows:
3-12 Sec. 361.003. REGIONAL TOLLWAY AUTHORITIES. (a) The
3-13 commission, on the request of a district office of the department,
3-14 may create a regional tollway authority for turnpike projects
3-15 located in that district if a tollway authority does not exist in
3-16 that area.
3-17 (b) If the commission establishes a regional tollway
3-18 authority under Subsection (a), the regional tollway authority is
3-19 subject to this chapter and has the powers of the authority under
3-20 this chapter.
3-21 (c) Each year, a regional tollway authority established
3-22 under Subsection (a) shall transfer to the Texas Mobility Fund any
3-23 revenue that exceeds the sum of the authority's debt service and
3-24 coverage requirements of any bond indenture and the costs necessary
3-25 to operate and maintain turnpike projects of the authority, unless
3-26 that revenue is to be used for the expansion of a turnpike project
3-27 or system.
4-1 Sec. 361.005. TRANSFER OF BOARD'S POWERS AND DUTIES. (a)
4-2 The powers and duties of the board under this chapter or other law
4-3 are transferred to the commission.
4-4 (b) A reference in law to the board is a reference to the
4-5 commission.
4-6 SECTION 3. Subsection (b), Section 361.184, Transportation
4-7 Code, is amended to read as follows:
4-8 (b) The board may transfer, or direct the authority to
4-9 transfer, into the project revolving fund money from any
4-10 permissible source, including:
4-11 (1) money from a surplus fund established for a
4-12 turnpike project if the remainder of the surplus fund is not less
4-13 than any minimum amount required by the trust agreement to be
4-14 retained for that project;
4-15 (2) money received under Subchapter I or from a
4-16 transfer of a turnpike project under Subchapter H;
4-17 (3) money received [advances] from the state highway
4-18 fund [if the advances are repaid as required by Section 52-b,
4-19 Article III, Texas Constitution]; and
4-20 (4) contributions or assistance from the United
4-21 States, another state, a political subdivision of this state, the
4-22 United Mexican States, or a political subdivision of the United
4-23 Mexican States.
4-24 SECTION 4. Section 361.191, Transportation Code, is amended
4-25 to read as follows:
4-26 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
4-27 OF TRANSPORTATION. (a) The Texas Department of Transportation may
5-1 provide for the expenditure of money for the cost of the
5-2 acquisition, construction, maintenance, or operation of a turnpike
5-3 project by the authority. The department may require the authority
5-4 to repay money provided under this section from toll revenue or
5-5 other sources on terms established by the commission.
5-6 (b) Money repaid as required by the department shall be
5-7 deposited to the credit of the fund from which the money was
5-8 provided. [If money from the state highway fund is spent under this
5-9 section, the fund shall be repaid from tolls or other turnpike
5-10 revenue.]
5-11 SECTION 5. Subsections (e) and (f), Section 362.004,
5-12 Transportation Code, are amended to read as follows:
5-13 (e) If the department spends money [from the state highway
5-14 fund is spent] under an agreement under this section, the
5-15 commission may require the authority to [shall] repay the money
5-16 [fund] from toll revenue or other sources on terms established by
5-17 the commission [tolls or other turnpike revenue]. Money repaid as
5-18 required by the commission shall be deposited to the credit of the
5-19 fund from which the expenditure was made.
5-20 (f) If the commission finds that the state highway system,
5-21 the state's transportation needs, and overall mobility of the
5-22 traveling public will be enhanced, the commission may enter into an
5-23 agreement with the authority providing for the contribution
5-24 [advance] of money [funds] to the authority to be used for any
5-25 purpose of the revolving fund established and administered by the
5-26 authority under Section 361.184. The commission may require the
5-27 repayment of[, provided that any] money contributed under this
6-1 subsection [advanced out of the state highway fund shall be repaid
6-2 to the fund] from toll revenue or other sources on terms prescribed
6-3 by the commission [tolls or other turnpike revenue]. Money repaid
6-4 as required by the commission shall be deposited to the credit of
6-5 the fund from which the expenditure was made.
6-6 SECTION 6. Subsection (b), Section 366.174, Transportation
6-7 Code, is amended to read as follows:
6-8 (b) An authority may transfer into its revolving fund money
6-9 from any permissible source, including:
6-10 (1) money from a turnpike project if the transfer does
6-11 not diminish the money available for the project or the system, if
6-12 any, of which it is a part to less than an amount required to be
6-13 retained by the bond proceedings pertaining to the project or
6-14 system;
6-15 (2) money received by the authority from any source
6-16 and not otherwise committed, including money from the transfer of a
6-17 turnpike project or system or sale of authority assets;
6-18 (3) money received from the state highway fund
6-19 [advances authorized under Section 52-b, Article III, Texas
6-20 Constitution]; and
6-21 (4) contributions, loans, grants, or assistance from
6-22 the United States, another state, a political subdivision of this
6-23 state, a foreign governmental entity, including the United Mexican
6-24 States or a state of the United Mexican States, a local
6-25 governmental entity, any private enterprise, or any person.
6-26 SECTION 7. Subsection (c), Section 366.301, Transportation
6-27 Code, is amended to read as follows:
7-1 (c) An obligation or expense incurred by the commission or
7-2 department under this section is a part of the cost of the turnpike
7-3 project for which the obligation or expense was incurred. The
7-4 commission or department may require money contributed by the
7-5 commission or department [Money from the state highway fund spent]
7-6 under this section to [must] be repaid from tolls or other revenue
7-7 of the turnpike project or system on which the money [from the
7-8 state highway fund] was spent [expended]. Money repaid as required
7-9 by the commission or department shall be deposited to the credit of
7-10 the fund from which the contribution was made.
7-11 SECTION 8. Section 361.055, Transportation Code, is
7-12 repealed.
7-13 SECTION 9. (a) Section 222.103, Transportation Code, as
7-14 amended by this Act, applies only to cost participation by the
7-15 Texas Department of Transportation in the acquisition,
7-16 construction, maintenance, or operation of a toll facility that
7-17 occurs on or after the effective date of this Act. Cost
7-18 participation by the Texas Department of Transportation in the
7-19 acquisition, construction, maintenance, or operation of a toll
7-20 facility under Section 222.103, Transportation Code, that occurred
7-21 before the effective date of this Act is governed by Section
7-22 222.103 of that code, including any requirement of repayment, as it
7-23 existed immediately before the effective date of this Act, and the
7-24 former law is continued in effect for that purpose.
7-25 (b) Subsection (b), Section 361.184, Transportation Code, as
7-26 amended by this Act, applies only to a transfer of money from the
7-27 state highway fund by or at the direction of the board of directors
8-1 of the Texas Turnpike Authority division of the Texas Department of
8-2 Transportation under Section 361.184, Transportation Code, that
8-3 occurs on or after the effective date of this Act. A transfer of
8-4 money from the state highway fund under Section 361.184,
8-5 Transportation Code, that occurred before the effective date of
8-6 this Act is governed by Section 361.184 of that code, including any
8-7 requirement of repayment, as it existed immediately before the
8-8 effective date of this Act, and the former law is continued in
8-9 effect for that purpose.
8-10 (c) Section 361.191, Transportation Code, as amended by this
8-11 Act, applies only to an expenditure of money for the acquisition,
8-12 construction, maintenance, or operation of a turnpike project that
8-13 is provided by the Texas Department of Transportation under that
8-14 section on or after the effective date of this Act. An expenditure
8-15 of money by the Texas Department of Transportation under Section
8-16 361.191, Transportation Code, that was provided before the
8-17 effective date of this Act is governed by Section 361.191 of that
8-18 code, including any requirement of repayment, as it existed
8-19 immediately before the effective date of this Act, and the former
8-20 law is continued in effect for that purpose.
8-21 (d) Subsections (e) and (f), Section 362.004, Transportation
8-22 Code, as amended by this Act, apply only to an expenditure or
8-23 contribution of money by the Texas Department of Transportation
8-24 under Section 362.004 of that code on or after the effective date
8-25 of this Act. An expenditure or advance of money by the Texas
8-26 Department of Transportation under Section 362.004, Transportation
8-27 Code, that occurred before the effective date of this Act is
9-1 governed by Section 362.004 of that code, including any requirement
9-2 of repayment, as it existed immediately before the effective date
9-3 of this Act, and the former law is continued in effect for that
9-4 purpose.
9-5 (e) Subsection (b), Section 366.174, Transportation Code, as
9-6 amended by this Act, applies only to the transfer of money received
9-7 from the state highway fund by a regional tollway authority to the
9-8 authority's revolving fund under Section 366.174 of that code on or
9-9 after the effective date of this Act. A transfer of money to the
9-10 revolving fund of the authority under Section 366.174,
9-11 Transportation Code, that occurred before the effective date of
9-12 this Act is governed by Section 366.174 of that code, including any
9-13 requirement of repayment, as it existed immediately before the
9-14 effective date of this Act, and the former law is continued in
9-15 effect for that purpose.
9-16 (f) Subsection (c), Section 366.301, Transportation Code, as
9-17 amended by this Act, applies only to an obligation or expense
9-18 incurred by the Texas Transportation Commission or the Texas
9-19 Department of Transportation under Section 366.301 of that code on
9-20 or after the effective date of this Act. An obligation or expense
9-21 incurred by the Texas Transportation Commission or the Texas
9-22 Department of Transportation under Section 366.301, Transportation
9-23 Code, imposed before the effective date of this Act is governed by
9-24 Section 366.301 of that code, including any requirement of
9-25 repayment, as it existed immediately before the effective date of
9-26 this Act, and the former law is continued in effect for that
9-27 purpose.
10-1 SECTION 10. (a) Except as provided by Section 11 of this
10-2 Act, this Act takes effect:
10-3 (1) on the date on which the constitutional amendment
10-4 proposed by S.J.R. No. 16, 77th Legislature, Regular Session, 2001,
10-5 takes effect; and
10-6 (2) only if S.B. No. 4, 77th Legislature, Regular
10-7 Session, 2001, is enacted and becomes law.
10-8 (b) If the constitutional amendment proposed by S.J.R. No.
10-9 16 is not approved by the voters, or if S.B. No. 4 does not become
10-10 law, this Act has no effect, except as provided by Section 11 of
10-11 this Act.
10-12 SECTION 11. (a) Section 361.005, Transportation Code, as
10-13 added by Section 2 of this Act, takes effect September 1, 2001. On
10-14 September 1, 2001, the board of directors of the Texas Turnpike
10-15 Authority division of the Texas Department of Transportation is
10-16 abolished. On that date, all powers, duties, obligations, rights,
10-17 contracts, leases, records, employees, and real or personal
10-18 property of the board are transferred to the Texas Transportation
10-19 Commission. Unspent and unobligated appropriations and other funds
10-20 under the control of the board shall be transferred to the Texas
10-21 Transportation Commission. Before that date, the board with the
10-22 agreement of the commission may transfer any records, employees, or
10-23 real or personal property of the board to the commission in
10-24 preparation for the transfer provided for in this section.
10-25 (b) The abolishment of the board of directors of the Texas
10-26 Turnpike Authority division of the Texas Department of
10-27 Transportation does not affect the validity of a right, privilege,
11-1 or obligation accrued, a contract or acquisition made, any
11-2 liability incurred, a permit or license issued, a penalty,
11-3 forfeiture, or punishment assessed, a rule adopted, a proceeding,
11-4 investigation, or remedy begun, a decision made, or other action
11-5 taken by or in connection with the board.
11-6 (c) All rules, policies, procedures, and decisions of the
11-7 board of directors of the Texas Turnpike Authority division of the
11-8 Texas Department of Transportation are continued in effect as
11-9 rules, policies, procedures, and decisions of the Texas
11-10 Transportation Commission until superseded by a rule or other
11-11 appropriate action of the commission.
11-12 (d) Any action or proceeding before the board of directors
11-13 of the Texas Turnpike Authority division of the Texas Department of
11-14 Transportation is transferred without change in status to the Texas
11-15 Transportation Commission, and the commission assumes, without a
11-16 change in status, the position of the board in any action or
11-17 proceeding to which the board is a party.
11-18 (e) If S.B. No. 4, 77th Legislature, Regular Session, 2001,
11-19 is enacted and becomes law, all unspent and unobligated
11-20 appropriations and other funds transferred to the Texas
11-21 Transportation Commission under Subsection (a) of this section
11-22 shall be transferred to the Texas Mobility Fund on the effective
11-23 date of S.B. No. 4.