1-1 By: Shapiro S.B. No. 342
1-2 (In the Senate - Filed January 23, 2001; January 24, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 February 21, 2001, reported favorably by the following vote: Yeas
1-5 9, Nays 0; February 21, 2001, 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 acquisition, construction, maintenance, and
1-10 operation of 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 acquisition, construction, maintenance, or operation of
1-17 a toll facility of a public or private entity on terms and
1-18 conditions established by the commission. The commission:
1-19 (1) may require the repayment of any money spent by
1-20 the department for the cost of a toll facility of a public entity;
1-21 and
1-22 (2) shall require the repayment of any money spent by
1-23 the department for the cost of a toll facility of a private
1-24 entity[, including requirements for repayment].
1-25 (b) Money repaid as required by the commission shall be
1-26 deposited to the credit of the fund from which the expenditure was
1-27 made.
1-28 (c) A bond or other debt obligation issued by a public or
1-29 private entity to finance the cost of a toll facility in which the
1-30 department participates is an obligation of the issuing entity and
1-31 is not an obligation of this state. [An entity receiving cost
1-32 participation from the department under this section is a successor
1-33 agency to the Texas Turnpike Authority for the purposes of Section
1-34 52-b, Article III, Texas Constitution.]
1-35 (d) [(c)] On the request of a member of the legislature, the
1-36 department shall provide the member a status report on all highway
1-37 construction projects, by legislative district, that are under
1-38 contract or awaiting funding. The report shall include projects
1-39 that would be funded in any manner by state, federal, or toll
1-40 funds.
1-41 (e) [(d)] On the request of a member of the legislature, not
1-42 later than the 90th day before the date a loan is granted or an
1-43 expenditure is made by the department for a project under this
1-44 section, the department shall notify each member of the legislature
1-45 that represents any part of the area affected by the project of the
1-46 status of the project and how any other project in any other
1-47 district would be affected.
1-48 (f) This section applies to any participation by the
1-49 department in the cost of a project under Chapter 284, 361, or 366.
1-50 (g) The commission shall adopt rules to implement Subsection
1-51 (a).
1-52 SECTION 2. Subsection (b), Section 361.184, Transportation
1-53 Code, is amended to read as follows:
1-54 (b) The board may transfer, or direct the authority to
1-55 transfer, into the project revolving fund money from any
1-56 permissible source, including:
1-57 (1) money from a surplus fund established for a
1-58 turnpike project if the remainder of the surplus fund is not less
1-59 than any minimum amount required by the trust agreement to be
1-60 retained for that project;
1-61 (2) money received under Subchapter I or from a
1-62 transfer of a turnpike project under Subchapter H;
1-63 (3) money received [advances] from the state highway
1-64 fund [if the advances are repaid as required by Section 52-b,
2-1 Article III, Texas Constitution]; and
2-2 (4) contributions or assistance from the United
2-3 States, another state, a political subdivision of this state, the
2-4 United Mexican States, or a political subdivision of the United
2-5 Mexican States.
2-6 SECTION 3. Section 361.191, Transportation Code, is amended
2-7 to read as follows:
2-8 Sec. 361.191. EXPENDITURE OF MONEY AUTHORIZED BY DEPARTMENT
2-9 OF TRANSPORTATION. (a) The Texas Department of Transportation may
2-10 provide for the expenditure of money for the cost of the
2-11 acquisition, construction, maintenance, or operation of a turnpike
2-12 project by the authority. The department may require the authority
2-13 to repay money provided under this section from toll revenue or
2-14 other sources on terms established by the commission.
2-15 (b) Money repaid as required by the department shall be
2-16 deposited to the credit of the fund from which the money was
2-17 provided [If money from the state highway fund is spent under this
2-18 section, the fund shall be repaid from tolls or other turnpike
2-19 revenue].
2-20 SECTION 4. Subsections (e) and (f), Section 362.004,
2-21 Transportation Code, are amended to read as follows:
2-22 (e) If the department spends money [from the state highway
2-23 fund is spent] under an agreement under this section, the
2-24 commission may require the authority to [shall] repay the money
2-25 [the fund] from toll revenue or other sources on terms established
2-26 by the commission [tolls or other turnpike revenue]. Money repaid
2-27 as required by the commission shall be deposited to the credit of
2-28 the fund from which the expenditure was made.
2-29 (f) If the commission finds that the state highway system,
2-30 the state's transportation needs, and overall mobility of the
2-31 traveling public will be enhanced, the commission may enter into an
2-32 agreement with the authority providing for the contribution
2-33 [advance] of money [funds] to the authority to be used for any
2-34 purpose of the revolving fund established and administered by the
2-35 authority under Section 361.184. The commission may require the
2-36 repayment of[, provided that any] money contributed under this
2-37 subsection [advanced out of the state highway fund shall be repaid
2-38 to the fund] from toll revenue or other sources on terms prescribed
2-39 by the commission [tolls or other turnpike revenue]. Money repaid
2-40 as required by the commission shall be deposited to the credit of
2-41 the fund from which the expenditure was made.
2-42 SECTION 5. Subsection (b), Section 366.174, Transportation
2-43 Code, is amended to read as follows:
2-44 (b) An authority may transfer into its revolving fund money
2-45 from any permissible source, including:
2-46 (1) money from a turnpike project if the transfer does
2-47 not diminish the money available for the project or the system, if
2-48 any, of which it is a part to less than an amount required to be
2-49 retained by the bond proceedings pertaining to the project or
2-50 system;
2-51 (2) money received by the authority from any source
2-52 and not otherwise committed, including money from the transfer of a
2-53 turnpike project or system or sale of authority assets;
2-54 (3) money received from the state highway fund
2-55 [advances authorized under Section 52-b, Article III, Texas
2-56 Constitution]; and
2-57 (4) contributions, loans, grants, or assistance from
2-58 the United States, another state, a political subdivision of this
2-59 state, a foreign governmental entity, including the United Mexican
2-60 States or a state of the United Mexican States, a local
2-61 governmental entity, any private enterprise, or any person.
2-62 SECTION 6. Subsection (c), Section 366.301, Transportation
2-63 Code, is amended to read as follows:
2-64 (c) An obligation or expense incurred by the commission or
2-65 department under this section is a part of the cost of the turnpike
2-66 project for which the obligation or expense was incurred. The
2-67 commission or department may require money contributed by the
2-68 commission or department [Money from the state highway fund spent]
2-69 under this section to [must] be repaid from tolls or other revenue
3-1 of the turnpike project or system on which the money [from the
3-2 state highway fund] was spent [expended]. Money repaid as required
3-3 by the commission or department shall be deposited to the credit of
3-4 the fund from which the contribution was made.
3-5 SECTION 7. Section 361.055, Transportation Code, is
3-6 repealed.
3-7 SECTION 8. This Act takes effect on the date on which the
3-8 constitutional amendment proposed by S.J.R. No. 12, 77th
3-9 Legislature, Regular Session, 2001, authorizing aid for turnpikes,
3-10 toll roads, and toll bridges, takes effect. If that amendment is
3-11 not approved by the voters, this Act has no effect.
3-12 * * * * *