By Shapiro S.B. No. 342
77R3896 JD-D
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. [An entity receiving cost
2-2 participation from the department under this section is a successor
2-3 agency to the Texas Turnpike Authority for the purposes of Section
2-4 52-b, Article III, Texas Constitution.]
2-5 (d) [(c)] On the request of a member of the legislature, the
2-6 department shall provide the member a status report on all highway
2-7 construction projects, by legislative district, that are under
2-8 contract or awaiting funding. The report shall include projects
2-9 that would be funded in any manner by state, federal, or toll
2-10 funds.
2-11 (e) [(d)] On the request of a member of the legislature, not
2-12 later than the 90th day before the date a loan is granted or an
2-13 expenditure is made by the department for a project under this
2-14 section, the department shall notify each member of the legislature
2-15 that represents any part of the area affected by the project of the
2-16 status of the project and how any other project in any other
2-17 district would be affected.
2-18 (f) This section applies to any participation by the
2-19 department in the cost of a project under Chapter 284, 361, or 366.
2-20 (g) The commission shall adopt rules to implement Subsection
2-21 (a).
2-22 SECTION 2. Section 361.184(b), Transportation Code, is
2-23 amended to read as follows:
2-24 (b) The board may transfer, or direct the authority to
2-25 transfer, into the project revolving fund money from any
2-26 permissible source, including:
2-27 (1) money from a surplus fund established for a
3-1 turnpike project if the remainder of the surplus fund is not less
3-2 than any minimum amount required by the trust agreement to be
3-3 retained for that project;
3-4 (2) money received under Subchapter I or from a
3-5 transfer of a turnpike project under Subchapter H;
3-6 (3) money received [advances] from the state highway
3-7 fund [if the advances are repaid as required by Section 52-b,
3-8 Article III, Texas Constitution]; and
3-9 (4) contributions or assistance from the United
3-10 States, another state, a political subdivision of this state, the
3-11 United Mexican States, or a political subdivision of the United
3-12 Mexican States.
3-13 SECTION 3. Section 361.191, Transportation Code, is amended
3-14 to read as follows:
3-15 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
3-16 OF TRANSPORTATION. (a) The Texas Department of Transportation may
3-17 provide for the expenditure of money for the cost of the
3-18 acquisition, construction, maintenance, or operation of a turnpike
3-19 project by the authority. The department may require the authority
3-20 to repay money provided under this section from toll revenue or
3-21 other sources on terms established by the commission.
3-22 (b) Money repaid as required by the department shall be
3-23 deposited to the credit of the fund from which the money was
3-24 provided [If money from the state highway fund is spent under this
3-25 section, the fund shall be repaid from tolls or other turnpike
3-26 revenue].
3-27 SECTION 4. Sections 362.004(e) and (f), Transportation Code,
4-1 are amended to read as follows:
4-2 (e) If the department spends money [from the state highway
4-3 fund is spent] under an agreement under this section, the
4-4 commission may require the authority to [shall] repay the money
4-5 [the fund] from toll revenue or other sources on terms established
4-6 by the commission [tolls or other turnpike revenue]. Money repaid
4-7 as required by the commission shall be deposited to the credit of
4-8 the fund from which the expenditure was made.
4-9 (f) If the commission finds that the state highway system,
4-10 the state's transportation needs, and overall mobility of the
4-11 traveling public will be enhanced, the commission may enter into an
4-12 agreement with the authority providing for the contribution
4-13 [advance] of money [funds] to the authority to be used for any
4-14 purpose of the revolving fund established and administered by the
4-15 authority under Section 361.184. The commission may require the
4-16 repayment of [, provided that any] money contributed under this
4-17 subsection [advanced out of the state highway fund shall be repaid
4-18 to the fund] from toll revenue or other sources on terms prescribed
4-19 by the commission [tolls or other turnpike revenue]. Money repaid
4-20 as required by the commission shall be deposited to the credit of
4-21 the fund from which the expenditure was made.
4-22 SECTION 5. Section 366.174(b), Transportation Code, is
4-23 amended to read as follows:
4-24 (b) An authority may transfer into its revolving fund money
4-25 from any permissible source, including:
4-26 (1) money from a turnpike project if the transfer does
4-27 not diminish the money available for the project or the system, if
5-1 any, of which it is a part to less than an amount required to be
5-2 retained by the bond proceedings pertaining to the project or
5-3 system;
5-4 (2) money received by the authority from any source
5-5 and not otherwise committed, including money from the transfer of a
5-6 turnpike project or system or sale of authority assets;
5-7 (3) money received from the state highway fund
5-8 [advances authorized under Section 52-b, Article III, Texas
5-9 Constitution]; and
5-10 (4) contributions, loans, grants, or assistance from
5-11 the United States, another state, a political subdivision of this
5-12 state, a foreign governmental entity, including the United Mexican
5-13 States or a state of the United Mexican States, a local
5-14 governmental entity, any private enterprise, or any person.
5-15 SECTION 6. Section 366.301(c), Transportation Code, is
5-16 amended to read as follows:
5-17 (c) An obligation or expense incurred by the commission or
5-18 department under this section is a part of the cost of the turnpike
5-19 project for which the obligation or expense was incurred. The
5-20 commission or department may require money contributed by the
5-21 commission or department [Money from the state highway fund spent]
5-22 under this section to [must] be repaid from tolls or other revenue
5-23 of the turnpike project or system on which the money [from the
5-24 state highway fund] was spent [expended]. Money repaid as required
5-25 by the commission or department shall be deposited to the credit of
5-26 the fund from which the contribution was made.
5-27 SECTION 7. Section 361.055, Transportation Code, is
6-1 repealed.
6-2 SECTION 8. This Act takes effect on the date on which the
6-3 constitutional amendment proposed by __.J.R. No.__, 77th
6-4 Legislature, Regular Session, 2001, authorizing aid for turnpikes,
6-5 toll roads, and toll bridges, takes effect. If that amendment is
6-6 not approved by the voters, this Act has no effect.